|IN THE FEDERAL||File number: SYD XXXX|
COURT USE ONLY
|REGISTRY: Sydney||Court date|
Sally Marie Anderson
XYZ Company Pty. Ltd.
Name of deponent: Sally Marie Anderson
Date affirmed: 3 / 9 / 2011
I, Sally Marie Anderson
of 444 Princes Highway, Birchville in NSW and
Full time parent affirm:
Filed on behalf of Applicant Sally Marie Anderson
Prepared by Pravin Singh, solicitor Lawyer's code 2011123
Name of law firm Birchville Legal Services
Address for service in Australia 22 Smith Road, Birchville
- I was born on 1 January 1976 and am 35 years of age. I am currently on the Parenting Payment Single and have the full time care of my child Ben, who was born on 10 May 2010.
- Since leaving school in 1994 I have had a number of jobs in the hospitality and service industry and have only been unemployed for short periods.
- I was employed by XYZ Company Pty. Ltd. between 12th June 2005 and 19th December 2010. I was employed as a shop assistant and my duties mainly involved serving customers who entered the store. At the end of the financial year I would help with the stocktake. When I was asked to leave work in December 2005 I was earning $650 per week gross including superannuation.
- On 5th December 2010 I told my direct supervisor, Martina Stavos,
I am pregnant. It's about four months. I would like to take some time off from about March 2011. I would be really grateful if you could find out how much maternity leave I am entitled to.
I can remember that my supervisor did not look very pleased and only replied,
- On or about 12th December 2010 my supervisor came to see me and said,
Business is not as good this Christmas as we had expected. I may have to cut down some of your hours. It may even be necessary for you to have some time off without pay.
- On 19th December 2010 I asked my supervisor about what she had said in the preceding week. She said,
Look I'm really sorry, I am going to have to let you go. It's not me, it's the boss. He just doesn't think that you should be working while you're pregnant. Don't worry, you can have your job back after you have had the baby.
I felt really bad about what my supervisor had said but did not know what to say in reply.
- That afternoon my supervisor handed me my final pay cheque and said
Give me a call after the baby is born.
OK. I expect to be back around the end of July.
This was the last day I worked at XYZ Company.
- In mid June 2011 I met a friend, Winny Cheng, who worked for XYZ Company Pty. Ltd. and I told her,
I will be coming back to work in about six weeks.
Really? I thought you had left. That's a bit strange, they have given your job to someone else.
- The next day I rang XYZ Company Pty. Ltd. and spoke to the Human Resources Manager, Michelle Green. She said,
I thought it was pretty clear that you weren't coming back so I have given your job to someone else. There is nothing I can do. I cannot sack her.
- I was really shocked when I heard this. I felt sick in the stomach and could not sleep that night. I felt that I had been unfairly treated and began to feel very depressed. I went to see my doctor, Dr Scarlett, at the Birchville Medical Centre, and he prescribed anti-depressants and referred me to a counsellor.
- I have tried looking for another job but have not yet been able to find one. I have applied for a number of jobs, including shop assistant work at ABC Stores and DEF Ltd, but have been unable to get an interview. I feel that I have lost a lot of confidence and do not trust people as much as I used to.
|Affirmed by the deponent Sally Marie Anderson|
|at (place) Birchville|
|on (date) 3 / 9 / 2011||Signature of deponent|
|Before me: Pravin Singh
Signature of witness:
|Full name of witness: Pravin Singh|
|Qualification of witness: Solicitor of applicant|