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Home / New Zealand

Worker fired after getting pregnant wins $13,750

Elizabeth Binning
By Elizabeth Binning, Elizabeth Binning
11 Nov, 2010 04:30 PM2 mins to read
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File photo / Northern Advocate

File photo / Northern Advocate

A pregnant farm assistant who was unjustifiably dismissed from her job has been awarded $13,750 for lost remuneration and the hurt and humiliation she suffered after being fired.

Julianne Shead was employed as a dairy farm assistant by Waikato-based family business TJS Farms until 2009.

In November 2008, Ms Shead learned she was pregnant and spoke to farm manager Paul Thorburn about wanting to take parental leave.

Mr Thorburn says Ms Shead resigned during that conversation, but Ms Shead says they were discussing her taking parental leave, which she began on June 1, 2009.

In August 2009, Ms Shead returned to the farm with a Housing New Zealand form which needed to be filled in by her employer, only to be told by a shareholder that TJS Farms was not her employer.

Ms Shead pursued a personal grievance claim for unjustified dismissal.

In a decision released yesterday, the Employment Relations Authority ruled that Ms Shead did not resign. She was dismissed.

Authority member Rachel Larmer said the conversation when Ms Shead first mentioned her pregnancy was mistakenly interpreted by Mr Thorburn - a mistake which could have been avoided.

Ms Larmer ordered TJS Farms to pay Ms Shead $8250 for three months worth of lost pay and $5500 to compensate for her hurt feelings.

The company also had to pay $1500 towards the costs of the hearing.

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