Anti-Discrimination 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

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