Virgin Blue faces discrimination charges
Maurice Blackburn Lawyers had lodged claims with the Federal Magistrates Court in Brisbane on behalf of two former Virgin Blue public relations executives who were forced to take redundancies after confirming that they were pregnant or returning from maternity leave.
The women were members of the airline group’s small PR and Communications team.
Following a change of management the women had been reassigned or made redundant.
Three women in the team were made redundant having been on, commenced or returning from maternity leave.
The women claim new management advised that their positions and work they performed was no longer required and would no longer be undertaken by the company. They were forcibly made redundant.
Subsequently their former positions were filled or advertised, rehirings occurred and work they had performed for Virgin Blue continued and increased immediately following their redundancies.
Terri Butler, Maurice Blackburn principal said both women and their families were looking forward to seeking justice, having had their careers and lives seriously disrupted by Virgin Blue's behaviour.
"These two women had a right to exercise their parental leave entitlements, and they had a right to be able to rejoin the Virgin Blue workforce in roles commensurate with their expertise,” Ms Butler said.
"These women both received positive performance reviews throughout their combined 16 years’ service, so to be discriminated against for being pregnant or on maternity leave reflects a very unhealthy work culture at Virgin Blue," Ms Butler said.
The documents filed in court allege that Virgin Blue breached numerous sections of the Fair Work Act (2009) in taking adverse action against the women for exercising their workplace rights.
The court documents detail that Virgin Blue breached the right of the women to take maternity leave and to return to the role held immediately before the commencement of parental leave, or another equivalent role
The airline breached its own parental and redundancy policies including a requirement of the airline to speak with an affected employee prior to making a decision about their role being made redundant. They also breached their commitment under the policy to consider alternate employment opportunities for the women.
Both women had been exposed to inappropriate statements from Executive Management, including comments about their physical appearance when pregnant.
Comments included: "All females should be on contracts so that when they get pregnant it is easy for the company to get rid of them" and “You should think carefully about whether you could return to a full time position with a baby.”
Both women suffered a diminution in role status alteration to their employment conditions and eventually both were given a forced redundancy.
The two women had worked together as part of the airline's small public relations team until mid-2010.
A preliminary hearing will be held on 23 March 2001.