Parent's demotion was effectively dismissal, Court rules

10 June 2009

A child care centre manager who was told she would have to work in a more junior position after returning from maternity leave was effectively dismissed, the Federal Magistrates Court has found.

The Court heard that when the manager advised child care centre operator Cuddles Management of her intention to return to work at the centre in Ballajura, WA, she was told she could only return as second in charge.

Cuddles claimed that when she went on maternity leave, the manager left the centre in a disorganised state, as a direct result of which it failed an accreditation process that was critical in securing government funding.

The company said the manager was not capable of returning to her previous position until she had received further training.

But Federal Magistrate Toni Lucev found the reasons advanced by Cuddles for its treatment of the centre manager were "entirely spurious". He said the company's advice to the manager that she could not return to her previous position constituted a dismissal.

Federal Magistrate Lucev found Cuddles Management breached its contract of employment with the centre manager by failing to give her four weeks notice of termination of employment.

He ordered the company to pay the worker four weeks salary - a total of 3,906.52.

LHMU & Anor v Cuddles Management Pty Ltd [2009] FMCA 463 (26 May 2009)

Original article – Workplace Express - http://www.workplaceexpress.com.au/