National Childcare Provider Agrees to Pay Compensation
Thursday 17 October 2013 @ 10.31 a.m. | Industrial Law
Guardian Early Learning Centre has agreed to pay $16,000 in compensation to a former employee under the terms of an Enforceable Undertaking with the Fair Work Ombudsman. The undertaking was a result of the Fair Work Ombudsman’s investigation that found Guardian had breached workplace laws by failing to return the former employee to the position she held before parental leave.
The employee was a former full time manager at a Guardian centre in Doncaster East. She was given approval for parental leave from November 2011 through to May 2012. However, during this period, Guardian appointed another worker to her position as a full time manager. In late April 2012, when she contacted Guardian regarding her pre-leave position, Guardian did not respond until June 2012 and did not facilitate for her return to her pre-leave position.
The Fair Work Ombudsman found that Guardian’s conduct had breached the Fair Work Act 2009 (CTH) providing for parental leave. The Ombudsman determined that Guardian had unlawfully taken adverse action against the employee because she had accessed her right to parental leave. Further to this, it failed to contact the employee regarding any decisions relating to her position. Guardian admitted to these contraventions and agreed to enter into an Enforceable Undertaking with the Ombudsman.
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