Solicitor Jessica Trappel accused the NSW Legal Aid Commission of discriminating against her on the grounds of sex or responsibilities as a carer by not allowing her to take the entire 14-week paid maternity leave and for not having employment for her to return to.
Last December, NSW Civil and Administrative Tribunal’s (NCAT) senior member Henry Dixon SC and general member Maryanne Maher found “the real and operative reasons” for Trappel’s employment coming to an end were not related to her pregnancies.
On appeal, Trappel claimed there was a condition or requirement that she “not take leave related to pregnancy or caring for children in order to receive offers of temporary employment, covering periods of time around and immediately after giving birth, or becoming a carer”.
Trappel said the second requirement was she “not take personal leave in order to be offered further temporary contracts”.
Her further arguments were that a “substantially higher proportion” of men or people who were not pregnant could comply with this requirement, and there were “significant benefits” to retaining her.
Principal member Theresa Simon and senior member Dr Robert Dubler SC said the way the requirements were framed were “flawed” and there was no such requirement Trappel not take leave due to pregnancy or caring for children in order to receive further contracts.
“We are satisfied on the evidence as a whole that it was open to the tribunal to find that the real requirement or condition being imposed was that the appellant be ready, willing and able to perform the duties of a solicitor at the expiry of the temporary employment contracts in order to be issued with a new offer,” they said.
The leave to appeal was refused, and the appeal was dismissed.
Source: Pregnant solicitor’s discrimination fight with Legal Aid fails again – Lawyers Weekly