$80K COMPENSATION ORDERED FOR GENDERED DISCRIMINATION

In Australia, anti-discrimination laws provide varying degrees of protections for breastfeeding parents at the federal level and across the states and territories. Under federal law, the Fair Work Act 2009 (Cth) (FW Act) was amended in 2023 to include breastfeeding as a protected attribute.

In a decision from the ACT Civil and Administrative Tribunal, a KFC franchisee (Southern Restaurants (Vic) Pty Ltd) was found to have contravened the Discrimination Act after disadvantaging a breast-feeding employee by using a safety ‘rule’ that is not mandated by law or workplace regulation.

Southern Restaurants is part of the largest private KFC franchise group in Australia. The employee was a KFC store manager for three years. Following a period of parental leave she returned to work, having previously indicated to management that she would need to express and store breast milk throughout the day. Southern Restaurants management advised that it would not provide a private room due to ‘impracticality and cost’.

The employee suggested several alternative arrangements, including using the private rooms in a nearby shopping centre on her scheduled breaks. Management referenced a KFC policy that required a manager with health and safety training to always be present on site and denied permission for her to leave the store on her breaks. Management offered to supply a foldable camping shower tent and chair for use in the door-less storeroom - the employee found that such an arrangement did not provide the privacy required and was too confined.

In its decision, ACT-CAT confirmed that Southern Restaurants unlawfully discriminated against the worker and forced the employee to engage in a continuous battle to obtain a reasonable response from her employers. "The discrimination was gendered and involved a significant power imbalance" between a large franchisee with significant resources to enable it to understand its obligations, and a young, inexperienced, first-time mother, the Tribunal said.

Southern Restaurants was ordered to pay the employee $80,000 in general damages and meet the cost of mental health care up to $10,000.

Read more: First case for Australia on breastfeeding workplace discrimination | HRD Australia  |  Pioneering case reveals the crucial importance of workplace breastfeeding accommodations | Safetrac

Share Tweet

RELATED

FORKLIFT STRIKE RAISES QUESTIONS ABOUT WHETHER ENFORCEABLE UNDERTAKINGS DELIVER ACCOUNTABILITY
Godfrey Hirst Australia Pty Ltd, a carpet manufacturing company, has resolved alleged breaches of Victoria’s OHS Act through an Enforceable Undertaking (EU) accepted by WorkSafe Victoria, following an incident where a truck...
Read More
NEW VICTORIAN CABINET ANNOUNCED AND NEW MINISTER FOR WORKSAFE
Following the recent change in leadership of the Victorian Government the new Premier Ben Carroll unveiled a new cabinet of 20 ministries. The ministry for WorkSafe and TAC, which was previously held...
Read More
VCAT ISSUES STRONG MESSAGE ON WORKPLACE SEXUAL HARASSMENT
A recent Victorian Civil and Administrative Tribunal (VCAT) decision reminds employers that failing to prevent workplace sexual harassment is a serious matter, and failing to engage with legal proceedings can make matters...
Read More