Sagona v R & C Piccoli Investments Pty Ltd & Ors  FCCA 875 (30 April 2014).
The applicant was employed as a photographer for over 12 years with a small family-run business. The applicant advised the respondents that she was 10 weeks pregnant and proposed to take a period of maternity leave.
It was held that the applicant was forced to resign as a result of the course of conduct taken by the respondents due to her pregnancy.
The Court was also satisfied that the applicant was injured in her employment by the:
- demand that she work additional hours
- refusal to allow her to work in her usual occupation, or in alternative duties, after the Christmas break
- refusal to consider a return to work on a part-time basis, and
- abusive conduct which was directly related to her refusal to work additional hours and her letter complaining of discrimination.
The respondents were ordered to pay the applicant a total of $61,000 as a pecuniary penalty.
The respondents were ordered to pay the applicant $164,097 for loss suffered and $10,000 for distress, hurt and humiliation.