Australian Mother Wins Landmark $205,000 Payout After UAE Consulate Forced Her to Pump Breastmilk in Storeroom
A new mother who was compelled to express breastmilk in a storeroom and store it in an ice-filled suitcase while working at a foreign consulate has achieved a stunning legal victory in the Federal Court. The court has ordered the United Arab Emirates consulate in Melbourne to pay nearly $205,000 in damages after finding the Australian employee faced severe sex discrimination, was denied unpaid parental leave, and was ultimately dismissed from her position.
Discriminatory Treatment During Pregnancy and After Birth
Tatiana Duarte had been employed full-time as a waiter and cleaner at the UAE Ministry of Foreign Affairs' Melbourne consulate for almost two years when she became pregnant with her first child in April 2020. Instead of receiving support, Ms Duarte encountered resistance from Consul General Nariman Al Mualla. When she requested 14 weeks of paid parental leave starting in late December, Dr Al Mulla allegedly refused and instructed her to begin her leave earlier, on December 1.
In March 2021, Ms Duarte applied for an additional 20 weeks of unpaid parental leave, but this request was also rejected. Then, on May 20, Dr Al Mulla directed her to return to work the following day, this time in the role of a butler. With no time to arrange childcare, she scrambled to make arrangements and returned three days later.
Humiliating Conditions for Breastfeeding Mother
Upon returning to work, Ms Duarte needed to regularly express breastmilk for her baby. The court heard she was directed to do so in a storeroom, a move she described as humiliating. She was also denied proper facilities to store the milk, forcing her to keep it in a suitcase packed with ice. When she later asked to finish work at 2pm instead of 4pm to care for her infant son, that request was refused as well.
Weeks later, after taking just two days of annual leave in October, she was informed her job was redundant and was dismissed in November 2021 with a $13,390 payout.
Federal Court's Blistering Ruling
Justice Philip Corbett found the UAE Ministry of Foreign Affairs breached the Fair Work Act by discriminating against the employee over her pregnancy, breastfeeding, and caring responsibilities, and for exercising her workplace rights. 'Here, the applicant was treated very poorly by her former employer,' he stated. 'The humiliation of breastfeeding in a storeroom and storing milk in a suitcase is obvious, so too the stress caused by irregular and uncertain work hours when trying to care for an infant.'
The court determined that the mother's treatment resulted in significant psychological harm, including humiliation and stress. Justice Corbett awarded Tatiana compensation for both economic and non-economic loss, along with legal costs. He also found that the employer's conduct, as a foreign state entity required to comply with Australian employment law for staff employed in Australia, justified the imposition of substantial pecuniary penalties.
Victim's Struggle for Justice
Ms Duarte, who has Colombian heritage, described the legal battle as an 'ordeal' in fighting for her rights as an Australian worker. 'It was difficult and uncertain, but I felt that I had to raise my voice for justice,' she said. 'My faith and hope helped me to be brave and have been the pillars that carried me through the darkest moments. I held onto hope that, in the end, justice would prevail and find its way into my life.'
Significance of the Landmark Case
Victoria Legal Aid's Catherine Hemingway emphasized that this landmark win is highly significant for employees who may experience discrimination at work related to pregnancy or having a child. 'We are pleased the court recognised the seriousness of the conduct towards Tatiana, and the enormous cost and struggle she faced in bringing her case forward,' she remarked. 'To take a case like this all the way to judgment is a long and challenging road that is almost impossible without legal representation.'
This case serves as a crucial reminder that if you are working or employing people in Australia, you are often covered by Australian laws – regardless of your visa status or your employer's country of origin. If you are told the law does not apply to you, it is essential to seek legal assistance. The consulate has been contacted for comment regarding the ruling.
