A recent case, however, shows how this issue should not be handled. Ms P. was employed as a landscape gardener. In August 2008 she became pregnant. She told her employer of the pregnancy shortly thereafter telling them her expected delivery date (16 June), when she expected to work to (5 May) after which she would have become eligible for paid parental leave.
She agreed with her Foreman that she could not perform heavy lifting work or chemical spraying. On 19 January she received an e-mail from a company director saying that there was very little “light work” within the company and he wanted to talk to her about her intentions and her pregnancy. He then called Ms P. and Ms P. said effectively asked her to consider resigning because she was causing problems because of her condition.
On 28 January she was directed to attend a meeting and at that meeting she was handed a letter advising she was “redundant” effective immediately.
This was incredibly stupid. I cannot express how irritated this makes me when I see employers making employment decisions that effect their business with apparently no advice from anyone that knows anything about employment law. It is even more irritating to me when it is a small business. I know that people hate spending money on lawyers for this type of thing. However as you will see if you continue reading this column the cost to your small business of not taking advice can be devastating.
Ms P. was awarded $16,000.00 lost wages and $3,500.00 compensation and the employer had to make a payment towards Ms P.’s costs. That is over $20,000.00. The really stupid thing about it is that they only needed to find work for Ms P. for seven months. It defies belief that there could not be some work that Ms P. could have undertaken if people had sat down and put their heads together.
Finally, I am often faced with people coming into my office who do not have a current will. I do not understand this, particularly if people have children. Can I assure you that whilst you assuredly will not care if you die without a will (being dead and all) your loved ones will be faced with, in addition to their grief, additional costs to tidy up your affairs and possible arguments between family members about “who gets what”. Not taking the time to make a will is selfish. It will not affect you but it will affect those that you leave behind.
