If you are applying for parental leave there are certain processes that need to be followed. The Department of Labour has a good outline here. In most circumstances your job will be protected for you so that you can step back into it when you return from parental leave. If this is not possible the employer must follow the correct processes.

Becoming a parent is a stressful event, but it should also be a happy one. Quite often we find that the stress is increased, and the happiness overshadowed, by unfair or illegal practices by employers who don’t want a pregnant employee, or one with small children, on board. Examples of things that we have seen happen include employers trying to dismiss pregnant employees because they don’t want to keep the job open for them (often the employer will try to disguise the dismissal as a “redundancy”), employers denying an employee’s entitlement to parental leave, employers who discriminate against pregnant employees or ones with small children, and employers who try to force a pregnant employee to start their maternity leave early. We have seen these bad practices from all types of employers, including large law firms, large companies, recruitment companies, charities and small employers.

There are different sets of procedures that employers have to follow  with regard to parental leave and changes to an employee’s work, and if they get either procedure wrong they will be exposed to a claim. If you are a parent or someone who is on parental leave, and you are concerned about things at work, please contact us. 

If you are being discriminated against, or if you have been the victim of racial or sexual harassment, at work, you have the choice of taking your complaint to the Human Rights Commission or going through an employment process.

If you go through an employment process, a personal grievance will usually be raised and the issue can be resolved by direct negotiation, at mediation, or at the Employment Relations Authority.

Sometimes people ask which is the best way to progress their case – through the Human Rights Commission or through the employment disputes processes. We can assist you with either, however, we believe that, in most cases, the employment process is by far the best way to take your case forward. Taking your case forward through an employment process is likely to be far faster and cheaper than going to the Human Rights Commission. You will retain control of the case and you have the right of free, confidential and speedy access to the Mediation Service, an excellent resource provided by the government. If you are still employed, we can often get you a mediation within 1-2 weeks.

The same employment processes also exist to protect employees who have been unfairly accused of harassment or discrimination and who may have been unjustifiably dismissed or disadvantaged as a result.

Please contact us if you have any issues or questions.

If you are discriminated against in the workplace this means that you may have a personal grievance claim against your employer.

Examples of illegal treatment can include being denied the opportunities, benefits or conditions of employment provided to other similar employees, or being dismissed or retired on discriminatory grounds.

Please visit our article on discrimination for more information.