In the case of Crossing v Anglicare NSW South, NSW West and Act, Justice Abraham of the Federal Court of Australia delivered a judgment on 14th September 2021. The case involved a dispute between Ms. Crossing and Anglicare NSW South, NSW West and Act.
The primary issue in this case was whether Anglicare had unlawfully terminated Ms. Crossing's employment on discriminatory grounds. Ms. Crossing alleged that she had been dismissed due to her pregnancy, which she claimed constituted unlawful discrimination under relevant legislation.
![Crossing v Anglicare NSW South, NSW West and Act (14 September 2021) [2021] FCA 1112](https://static.wixstatic.com/media/101da0_c6073bea61e646b3936573509752d7f0~mv2.jpeg/v1/fill/w_147,h_146,al_c,q_80,usm_0.66_1.00_0.01,blur_2,enc_auto/101da0_c6073bea61e646b3936573509752d7f0~mv2.jpeg)
Justice Abraham carefully examined the evidence presented by both parties during the trial. After considering all relevant factors, including witness testimonies and documentary evidence, the court found in favor of Ms. Crossing.
It was established that Anglicare had indeed terminated Ms. Crossing's employment based on her pregnancy status, which amounted to unlawful discrimination under applicable anti-discrimination laws.
The court emphasized that employers have a legal obligation to ensure equal treatment for employees regardless of their pregnancy or parental status. Discrimination based on pregnancy is prohibited by law to protect the rights and well-being of pregnant employees.
As a result, Justice Abraham ordered Anglicare to reinstate Ms. Crossing into her previous position or provide suitable alternative employment if reinstatement was not feasible or desired by both parties involved.
Additionally, compensation was awarded to Ms. Crossing for any financial losses suffered as a result of her wrongful termination and for any pain and suffering caused by the discriminatory actions taken against her.
This case serves as an important reminder for employers about their legal obligations regarding equal treatment in employment matters related to pregnancy or parental status. It reinforces the importance of upholding anti-discrimination laws within workplaces to protect employees' rights.