I was made redundant but I think the real reason was my pregnancy. What protections exist?

What the Law Says

Australian law prohibits dismissing an employee because of pregnancy or potential pregnancy. This protection applies even if the employer claims the reason was redundancy — if pregnancy was a substantial or operative reason, the dismissal may be unlawful.

The Fair Work Act 2009 (Cth) makes it unlawful for an employer to terminate employment because of an employee’s pregnancy or potential pregnancy (s. 351). It also prohibits adverse action for discriminatory reasons, including pregnancy, under s. 342.

The Sex Discrimination Act 1984 (Cth) reinforces this: it is unlawful to dismiss someone 'by reason of the person's sex, marital status, pregnancy or potential pregnancy' (s. 15(1)).

Even if a redundancy process appears genuine, courts and tribunals will examine whether pregnancy played any role in the decision — including timing, selection criteria, consultation fairness, and consistency with past practices.

Statutory Text

An employer must not take adverse action against a person who is pregnant or has a potential pregnancy.

— Fair Work Act 2009 (Cth), s. 351 — Discrimination

Statutory Text

It is unlawful for a person to dismiss another person on the ground of the person's sex, marital status, pregnancy or potential pregnancy.

— Sex Discrimination Act 1984 (Cth), s. 15(1) — Dismissal on prohibited grounds

What to Do

Sources