Anti-Discrimination Board of NSW

Carer arrangements under threat

Conciliation - Carer discrimination employment

The complainant works as a coordinator of a child care centre. She made a complaint of carer discrimination after her employer tried to end the flexible working arrangements she had made to enable her to care for her three young children. She said they also victimised her by moving her employment provisions to a different award and threatening to dismiss her if she did not comply.

The respondent denied any discrimination or victimisation. They said that the complainant was a valuable employee, but she needed to move to the correct award. She was currently employed under the pre-school award, but did not work in a pre-school.

The correct award was the Educational Services (Teacher's) Modern Award, which required the complainant to work 48 hours per week instead of 41. The employer believed she was obliged to work under the terms of this award because she accepted the position on a full-time basis.

The complainant was resolved following a conciliation conference when the complainant agreed to move to the appropriate award and both parties agreed to a number of measures which would enable her to continue to balance her work and her carer's responsibilities. These included working from home in certain circumstances and allowing her to take annual and flex leave during school holidays.

More information on carer discrimination

Back to Equal Time Newsletter April 2018

Related content

Subscribe to Equal Time Newsletter


​​​​​​Copyright notice and disclaimer​

You may copy, distribute, display, download and otherwise freely deal with the content of Equal Time for personal, educational or government purposes, provided that you attribute the Anti-Discrimination Board of NSW as the owner.

However, you must obtain permission if you wish to (a) charge others for the use of any content of the Board's publications or materials, (b) include any content of the Board's publications or materials in advertising or a product for sale, or (c) modify any content of the Board's publications or materials when reproducing it.

Equal Time has been prepared by the Anti-Discrimination Board of NSW for general information purposes and is not legal advice. While every care has been taken in relation to its accuracy, no warranty is given or implied Further, recipients should obtain their own independent advice before making any decisions that rely on this information.