Women fired because they were pregnant
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Women fired because they were pregnant
By KATHERINE NEWTON Thursday, 04 December 2008
/The
DAMAGES: Former Auckland bar manager Sophie Melrose, with son Lukus, was awarded nearly $36,000 in compensation and lost wages after being wrongfully dismissed.
Twoemployers have been ordered to pay thousands of dollars in compensation for wrongfully dismissing two employees after they became pregnant.
Ms Melrose was demoted from her job as general manager at The Vulcan bar in December 2007, a week after she told her employers she was pregnant.
Former Auckland bar manager Sophie Melrose was awarded nearly $36,000 in compensation and lost wages, and former waitress Doris Chiu was awarded more than $22,000, in two separate cases decided by the Employment Relations Authority.
She has since given birth to a healthy baby boy, but said the loss of her job marred her pregnancy. . It was very, very stressful for me and my partner. "I lost all my maternity leave."
She said she was relieved to have won her case.
"I found myself always having anxiety attacks – my midwife was constantly checking my blood pressure.
"I just felt like a massive weight had been lifted off my shoulders. "I always knew that what had happened was wrong, but to have that verified by a court was so good.
Her employers, Lina Megawaty and John White, claimed she had failed to provide proof of her entitlement to work in New Zealand, despite being a New Zealand resident."
Ms Chiu was fired from her job at the New Deli Cafe, Albany, in August 2007, a few weeks after she told her employers she was pregnant.
That information would have been discovered when Ms Chiu applied to Inland Revenue for maternity and parental leave.
However, Ms Chiu provided evidence that suggested her employers had dismissed her in an attempt to cover up the fact they had paid only one month of her PAYE tax to Inland Revenue.
"Her memory of the birth of her child will long be marred by what happened when she told her employers she was pregnant.
Authority member Alastair Dumbleton said Ms Chiu had been humiliated by being called "a liar and a fraud, and a fabricator of evidence". "We're being shown as people who discriminate against pregnant women, when we're not."
Mr White said yesterday that he was considering challenging the decision. "I can just imagine what it took for those women to have to go through all this while they were pregnant."
Maternity Services Consumer Council coordinator Lynda Williams said the cases made her despair.
Wellington employment lawyer Peter Cullen said firing a woman because she was pregnant was sexual discrimination and a breach of the Human Rights Act."
She hoped the cases would be a deterrent to employers who thought such behaviour was tolerable. "It's not often that people get discriminated against like that. "It's not often that people get discriminated against like that."