Arya v Kone Elevators Pty Ltd

In *Arya v Kone Elevators Pty Ltd*, the applicant, Ms. Arya, alleged unlawful discrimination in her employment on the grounds of pregnancy, and constructive dismissal. The respondent was Kone Elevators Pty Ltd. The matter was heard in the Federal Circuit Court of Australia before Judge McNab.

The primary legal issue before the Court was whether Ms. Arya had been unlawfully discriminated against on the grounds of pregnancy. A related issue was whether the circumstances amounted to a constructive dismissal, meaning Ms. Arya had resigned due to the employer's conduct.

Judge McNab found that the alleged discriminators had no knowledge of Ms. Arya's pregnancy at the material times. Consequently, the Court determined that the alleged discriminatory conduct could not have been the cause of any adverse action taken against Ms. Arya. As the essential element of knowledge was absent, the claim for unlawful discrimination could not be made out. Furthermore, because the alleged discriminatory conduct was not established, the Court found that the circumstances did not constitute a constructive dismissal.

The application was therefore dismissed.