Woman miscarries, loses job – gets $16k payout

A pregnant woman who took parental leave only to suffer a miscarriage has been awarded $16,000 after being told her job was no longer available.

The Employment Relations Authority said Russia Fa'alili worked as manager at Allied Work Force Ltd's Penrose branch in Auckland.

In April she applied for paid parental leave, extending the required period to 12 months in May after continued health issues stemming from the pregnancy.

Allied approved her request.

Within two weeks Ms Fa'alili suffered a miscarriage and arranged to meet with Allied's human resources manager Gregory MacDonald to discuss her return to work.

She was told Allied had reshuffled people in her absence, with a temporary appointment taking over her old position.

Her return would be a further disruption so instead she was offered the same salary but a new role working on small projects.

Ms Fa'alili mentioned she may not be working after Christmas as she and her partner were planning to have a baby, but agreed to meet with Mr MacDonald again.

At that meeting the job offer was retracted in light of her plans to leave again.

Mr MacDonald said he would find a role with reduced hours and put together a contract for when she returned to work in June.

That contract gave her the title of "projects coordinator" and came with a fixed term of less than three months.

Ms Fa'alili told the ERA she had been traumatised by her miscarriage and was in no state to make rational decisions when she signed the contract. She was also "under the assumption there would be something else after that".

The ERA found Allied had not appreciated the "considerable trauma" Ms Fa'alili had been under.

Under the Parental Leave and Employment Protection Act she was entitled to end her leave period following the miscarriage.

While she had mentioned plans to leave after Christmas, the ERA said that "until then she was entitled to continuing employment until she herself decided that did not suit her".

ERA member Leon Robinson said Allied had effectively terminated her employment when Ms Fa'alili was told her old job was not available.

"I find it did not suit Allied to have Ms Fa'alili return to the Penrose branch."

He said Allied failed to protect her employment as it was required to do.

Ms Fa'alili was awarded $8308 in lost wages plus $8000 compensation for hurt and humiliation after the "insensitive" and "unsympathetic" manner in which she was treated.

- NZPA