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Casual worker sacked after pregnancy disclosure clears adverse action hurdle

A casual worker who was refused further shifts and locked out of an employer's roster system after disclosing her pregnancy is entitled to pursue her general protections claim, the Fair Work Commission has ruled.

Deputy President Nicholas Lake rejected Stancol Pty Ltd's jurisdictional objection to the employee's claim – in which it argued there had been no dismissal – saying it provided "clear indications" that it didn't intend to maintain the employment relationship.

He heard that when her employment started in December last year, the employer informed the worker that her shifts would vary from week to week and that it would only require her on days it was booked to provide services – it made no commitment to future or ongoing work...

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