202005.13
0

Right to claim discrimination in employment on grounds of pregnancy

in Cases

In Diamond Laser Medispa Taupo Limited v Human Rights Review Tribunal [2019] NZHC 2809 – https://forms.justice.govt.nz/search/Documents/pdf/jdo/b4/alfresco/service/api/node/content/workspace/SpacesStore/ac9d4651-cdc7-4faf-8089-0343f1d88ca5/ac9d4651-cdc7-4faf-8089-0343f1d88ca5.pdf, Simon was instructed by the Director Human Rights Proceedings to act for Zelinda Doria.  Ms Doria had brought a claim in the Human Rights Review Tribunal claiming that her employer had prevented her from working because she was pregnant.  The employer had applied to the Tribunal strike out her claim and then applied to the High Court seeking an order that the Human Rights Review Tribunal did not have jurisdiction to hear Ms Doria’s claim arguing that she should have brought a parental leave complaint under the Parental Leave and Employment Protection Act 1987.  The High Court rejected this argument and accepted the submissions made by Simon on behalf of Ms Doria that she was not prevented from bringing her claim for unlawful discrimination by reason of her pregnancy in the Human Rights Review Tribunal and that the Tribunal made no error in refusing to strikeout the proceeding.