Hi there. It sounds like you are in a difficult position. It is unlawful for an employee to be discriminated against because she is pregnant. This means an employee cannot be fired, demoted or treated differently to other employees because she is pregnant. From the information provided, it sounds like your former employee may have terminated your employment because of your pregnancy status and/or need to take parental leave. This would amount to unlawful discrimination and is a violation of your rights as an employee.

Ordinarily, this would entitle you to make an ‘unlawful termination’ claim or, if you were employed under Australia’s workplace relations system (called the Fair Work system), a ‘general protections’ claim. You would also likely be eligible to lodge an ‘unfair dismissal’ claim with the Fair Work Commission (www.fwc.gov.au). An unfair dismissal generally occurs where an employee is dismissed in a harsh, unjust or unreasonable way.

However, all of these claims must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. If these 21 days have lapsed, you may not be eligible to make a claim unless you can show the Commission that there are exceptional circumstances. In assessing a late application, the Commission will consider the reason for your delay, any action taken by you to dispute your termination, any prejudice to the employer, the merits of your application, and broad issues of fairness.

If you are eligible to make a claim with the Fair Work Commission, you may be entitled to compensation or reinstatement of your employment (if appropriate).

An alternative option is to consider lodging a formal complaint with the Anti Discrimination Commission Queensland on the basis that you were discriminated against by your former employer. Complaints must be made within one year of the relevant conduct. The Commission will investigate the complaint and attempt to resolve the issue through a conciliation process. Details about how to lodge a complaint can be found on the Commission’s website (www.adcq.qld.gov.au) or by calling 1300 130 670.