Equal Opportunity Act 2010(Vic)
An employee cannot be overlooked for promotion because she is on maternity leave.
This may constitute discrimination under the Equal Opportunity Act 2010 (Vic).
An employee is entitled to return to their position at the conclusion of maternity leave.
If the employee would have been considered for a promotion were they not on maternity leave, they may have been discriminated against on the basis of sex or parental status if they were overlooked for the promotion position.