New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 68

68 Termination of employment because of pregnancy or parental leave

(1) An employer must not terminate the employment of an employee because:

(a) the employee or employee’s spouse is pregnant or has applied to adopt a child, or

(b) the employee or employee’s spouse has given birth to a child or has adopted a child, or

(c) the employee has applied for, or is absent on, parental leave,

but otherwise the rights of an employer in relation to termination of employment are not affected by this Part.

Maximum penalty: 100 penalty units.

(2) For the purposes of establishing such a termination of employment, it is sufficient if it is established that the alleged reason for termination was one of two or more reasons for termination.

(3) This section does not affect any other rights of a dismissed employee under this or any other Act or under any industrial instrument or contract of employment, or the rights of an industrial organisation representing such an employee.

Note: A dismissed employee may also make a claim under Part 6 (Unfair dismissals).