Donut icer claims pregnancy discrimination

IT wasn't quite the icing on the cake Jessica Harvey was looking for.

A Queensland Civil and Administrative Tribunal has dismissed Ms Harvey's pregnancy discrimination claim against Donut King in Rockhampton.

She claimed her former employer cut back her work hours after finding out she was pregnant.

A decision handed down last month and published online earlier this week, says the Rockhampton woman was an icer at Donut King, having started in August 2010 as a "shop assistant".

By undertaking the "icing" role, Ms Harvey increased her casual hours and worked two additional shifts a week on Tuesdays and Fridays between 5am and 8am.

Ms Harvey notified another co-manager she was pregnant, the report said.

During this conversation, Ms Harvey told her she would be unable to continue with the two icing shifts on Tuesdays and Fridays as she was experiencing morning sickness.

The co-manager asked if she could continue until the end of November or until a replacement could be found, to which Ms Harvey agreed to try to continue.

On November 10 2010, Ms Harvey then told co-manager Davison that she would be unable to continue "icing" as her morning sickness had worsened.

It was then that Ms Davison told Harvey would lose the shop assistant shifts after her icing hours were lost.

Following this incident Ms Harvey was removed from the roster.

Ms Harvey said she didn't want to work shifts less than three hours because she lived some distance from the shop and didn't consider it worthwhile travelling for shifts that were "of shorter duration".

Tribunal member Dr Bridget Cullen ruled the Ms Harvey was not discriminated against.

"Donut King did not decline to roster Ms Harvey on the basis of her pregnancy, it declined to roster her on the basis of her unavailability, desire for longer shifts only, difficulties communicating with, and lack of hours for casual employees generally, in the period she complains of," she said.



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