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  1. #1
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    Default Is this even allowed?

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    Last edited by MissPoss; 08-08-2012 at 10:11.

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    Unless he had something in writing to indicate, you really don't have a leg to stand on.

    Sounds like a sucky situation though. Perhaps it's time for your DH to switch to a competitor!

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    No, that's illegal and discrimatory.

    Contact Fair Work Australia

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    Well, I guess they can if the guy fit the job description, which he must do if they gave him the job/promotion.

    I dare say there's probably more to it than marital status.

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    It's illegal.

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    If they told him directly that the reason they didn't give him the job was because of the baby then it's illegal unless he told them it would be hard for him to travel because of the baby.
    But if he heard this from someone else then it's hard to prove.

    Does he have anything in writing? The offer? The reason he didn't get it? Anything?

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    Quote Originally Posted by Janesmum123 View Post
    If they told him directly that the reason they didn't give him the job was because of the baby then it's illegal unless he told them it would be hard for him to travel because of the baby.
    But if he heard this from someone else then it's hard to prove.

    Does he have anything in writing? The offer? The reason he didn't get it? Anything?
    I agree, it just depends on the circumstances, if things were written up etc. Also promotion also has a lot to do with job performance etc so it's hard to say without a direct comparison between the two people and their job performance, career paths etc.

  9. #8
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    Gothel is offline Skip the drama, stay with Mama!
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    I have no idea on the legalities but I just wanted to offer some missposs, sorry to hear he didn't get the promotion

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    Quote Originally Posted by Bell & Bug View Post
    I agree, it just depends on the circumstances, if things were written up etc. Also promotion also has a lot to do with job performance etc so it's hard to say without a direct comparison between the two people and their job performance, career paths etc.
    The legalities of this is that this is outright discrimination. It's classed as indirect pregnancy discrim. Ideally there would b paperwork to state this as a clear cut discrim case however no company with any form of intelligence would give that. U would have a case to fight the company on...HOWEVER it will b a very hard fight n will create a lot of issues for hubby at work. If he's planning to move on seek legal advice...if not then u hav to weigh ur options and see if u want to take it further.
    Cases r won without paperwork so it's not hopeless...ask a solicitor and see wat they say.
    As above performance can be a factor however it also depends on the circumstances ur partner was told.
    Speak to human rights and equal opportunity

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    Quote Originally Posted by MissPoss View Post
    DH got passed up for a promotion today, even though the position became available due to DH pushing for a certain product for the company. He was told it was because we've recently had a baby and they don't think I'd cope with him having to fly overseas for a week at a time every now and then. They gave the position to a single guy with no kids, even though he is less experience and less qualified.

    Are they legally allowed to do that? Base a promotion on marital status or family situation?

    BTW I was a single mother for 7 years..I'd cope just fine.
    Yes it's direct discrimination and totally illegal. I think your best bet is to lodge an EEO claim rather than contacting FWA as it doesn't really fall under adverse action so they likely wouldn't be able to do anything. I do think it would be very hard to prove unless he has something in writing from them saying that was the reason. It would be he said/she said. It is a fairly big decision to make.

    I'd def be looking for another job.


 

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