VIC aged care facility fined $30,000 for maternity discrimination

Geelong's Bellarine Court aged care facility was taken to the Federal Court by the Fair Work Ombudsman when Carolyn Jelcic, a personal care assistant returned to work 12 months after having her second child. She had previously worked six afternoon shifts and one sleepover a fortnight; on returning she was just offered sleepovers – which she couldn’t do because of her new child. The employer regarded this as a resignation. The operator, A Dalley Holdings was fined $27,720 and manager and part-owner Andrew Dalley, was fined $3168. Carolyn Jelcic won $5000 compensation. The penalty was the highest achieved by the Fair Work Ombudsman for a discrimination based case since it acquired its powers (2009). It’s the fourth successful prosecution for pregnancy discrimination.