Equal Opportunity Act 2010 (Vic), Fair Work Act 2009 (Cth) and Sex Discrimination Act 1984 (Cth).
It is unlawful to terminate a female worker’s employment because she is on maternity leave.
If this occurs, it may be the basis of a sexual discrimination claim to become reinstated or obtain compensation. Discrimination may occur against pregnant employees, employees on maternity leave or those employees who have returned from maternity leave. Legislative protection exists at both Victorian and Commonwealth level under the Equal Opportunity Act, the Fair Work Act and the Sex Discrimination Act.