Employee was placed on primary carer leave seven weeks into pregnancy
The New Zealand Human Rights Review Tribunal (HRRT) has ordered Diamond Laser Medispa Taupo Limited and its directors to pay $99,770 in damages to a former employee after finding that the company unlawfully discriminated against her based on her pregnancy.
Zelinda Doria, who worked as a beauty therapist, was awarded $75,000 for humiliation, loss of dignity, and injury to feelings, alongside compensation for lost wages and missed benefits.
The Tribunal found that her employer's actions, which included sending her home on early unpaid leave and banning her from the premises, were in breach of the Human Rights Act 1993.
"The unlawful discriminatory actions of the defendants, who were in a position of power as the employers of a young pregnant woman, significantly impacted Ms Doria," the HRRT said in its decision. "It is accepted that their actions, for the reasons described above, caused Ms Doria significant humiliation, injury to feelings and a loss of dignity."
Doria had been working at Diamond Laser for almost a year when she discovered she was pregnant in November 2016.
Just two weeks later, following a tense meeting with her employer, she was told to begin her primary carer leave immediately, despite only being seven weeks into her pregnancy.
The company cited health and safety concerns but provided no independent medical or risk assessment to justify the action.
Despite providing a letter from her midwife confirming she was "fit and healthy and completely capable of performing her duties," Doria's requests for reassessment were denied.
She later filed a complaint with the Human Rights Commission, which led to Tribunal proceedings after mediation efforts failed.
In the decision, the Tribunal emphasised that "the decision by the defendants to place Ms Doria on early primary carer leave with no notice, no consultation, no medical information and no risk report" led to her financial hardship and eventual resignation.
It rejected Diamond Laser's defence that its actions were allowed under the Parental Leave and Employment Protection Act 1987 (PLEPA).
While the company argued it acted based on pregnancy-related symptoms, the Tribunal ruled that pregnancy and its symptoms are inseparable under discrimination law.
Crucially, the Tribunal found that the employer's process was procedurally flawed. It said the company exercised its power to enforce early leave without independent evidence or adequate consultation.
"The exercise of this right in the absence of any consultation with Ms Doria and in the absence of any independent medical and health and safety information is not justified," the HRRT said.
Doria was awarded $15,467 in pecuniary damages for lost income, $9,303 for lost parental leave benefits, and $75,000 for the emotional toll of her experience.
