Complainant 202258 v Southern Restaurants (VIC) Pty Ltd (Discrimination)

The matter before the Australian Human Rights Commission was an application by the complainant against Southern Restaurants (VIC) Pty Ltd for discrimination based on breastfeeding. The complainant alleged that she was dismissed from her employment due to her need to express breast milk during her working hours. The complaint was heard by the Tribunal which found in favour of the complainant and ordered the respondent to compensate the complainant for the injuries suffered.

The legal issues before the Tribunal included whether the dismissal of the complainant was discriminatory, whether the respondent had adequate policies and procedures in place to accommodate breastfeeding employees, and whether the complainant was entitled to compensation for the injuries suffered as a result of the discrimination. The Tribunal found that the dismissal of the complainant was discriminatory and that the respondent did not have adequate policies and procedures in place to accommodate breastfeeding employees. The Tribunal also found that the complainant was entitled to compensation for the injuries suffered as a result of the discrimination.

The Tribunal found that the dismissal of the complainant was discriminatory as it was based on her need to express breast milk during working hours. The Tribunal found that this amounted to discrimination on the basis of breastfeeding. The Tribunal also found that the respondent did not have adequate policies and procedures in place to accommodate breastfeeding employees, which amounted to a failure to provide reasonable accommodation. The Tribunal ordered the respondent to review and improve its policies and procedures to accommodate breastfeeding employees. The Tribunal also ordered the respondent to pay compensation to the complainant for the injuries suffered as a result of the discrimination.

The Tribunal ordered the respondent to meet the cost of psychiatric treatment for the complainant arising from her condition of an adjustment disorder with mixed anxiety and depressed mood for a period of 12 months. The Tribunal also ordered the respondent to pay the complainant the sum of $80,000 in general damages within 28 days of this decision. The Tribunal recommended that the respondent engage with the ACT Human Rights Commission or other relevant government agencies to assist in the production of an effective policy to allow access of breastfeeding employees to adequate facilities for expressing milk during working hours.