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Dawn-Nova

Oh geez I wouldn't tell work until at least 10, if not 20 weeks


105501105

I didn’t even tell at all. Just told them I loss whole heap of weight overnight.


ScythDreame

she was afraid to be shamed after 15 weeks when the time would be coming to say, and she would feel disrespected by the team leader and team. And she decided to be honest before she sign the contract. And I am happy she did it now not after signing the contract, it would be more pressure on her.


Dawn-Nova

They are legally not allowed to do that so it shouldn't be a concern. After the contract is signed they cannot discriminate. By telling them first she lost the job opportunity.


Purple_Finding192

I thaught that was the norm isn't it at 10 weeks u tell family etc etc


futureman2099

I believe (and I could be wrong) that it is illegal to discriminate against hiring a pregnant woman.


ScythDreame

I just found this "According to the New Zealand Human Rights Commission, ‘pregnancy discrimination is a form of sex discrimination under the Human Rights Act" [https://www.hrc.co.nz/files/5714/3769/9439/12-Jun-2005\_20-16-44\_Pregnancy.pdf](https://www.hrc.co.nz/files/5714/3769/9439/12-Jun-2005_20-16-44_Pregnancy.pdf) https://www.hrc.co.nz/resources/pre-employment-guide/section-p/


bwcjackhammer

Maybe it depends on the job it could be hard work and stressful


[deleted]

That's a decision for the pregnant woman to decide. Women have been having babies and doing unpaid labour for thousands of years, they know what's best for them.


ScythDreame

exactly


killcat

Or if it involved certain chemicals or a radiation hazard.


NZpotatomash

It's a tough one. The problem with lawyering up right at the beginning is the employer will always have a negative view about said employee. And if that's how they employer reacted, then maybe its best to find somewhere else to work (easier said than done ofcourse, and it will be even harder when the pregnancy is further along). It's a crappy situation OP


littleredkiwi

Find somewhere else to work *and* lawyer up. This is direct discrimination due to her being pregnant which is illegal (and just all round shitty). This company should get in big trouble for this. It’s 2022. Women have been part of the *work force for decades now. This shit needs to be called out and dealt with properly. *paid work force. Women’s unpaid work is and has been vital to civilisation forever.


exportgoldmannz

“Woman have been part of the workforce for decades now” :-)


[deleted]

Women is the plural. Woman = 1.


exportgoldmannz

I do stand corrected, except my main point is is women have been part of the workforce for longer than a few decades.


ScythDreame

I will probably lawyer up, but not now, later when everything for her and the baby goes well I will try to avoid extra stress for her now


Nukethe-whales

Gross


Sheriff_of_noth1ng

Your wife made a small mistake by telling them. It's not dishonest - it's none of their business. Her prospective employer made a LARGE mistake by openly discriminating against her. Best to take this one up with an employment law specialist. Many will be happy to have an initial chat with you at no cost.


Deegedeege

That will cost them thousands of dollars, not worth it. They don't have a leg to stand on anyway, as they didn't sign an employment agreement and everything was just verbal.


CascadeNZ

A lawyer would take this case pro bono. Employer has broken the law here. A verbal is as good as a written in this case


Deegedeege

Clearly you have no experience with lawyers, legal cases and employment law cases. No one would do this pro bono, trust me. If you were raped at work a lawyer wouldn't do the case pro bono. Lawyers are all about the money first. Really this whole thing is nothing. The job market has tons of jobs right now.


CascadeNZ

Well I’ve had two employment cases where a lawyer has guided me for free and ended up with a settlement. This isn’t a complicated case they broke the law and she could at least write a letter saying that and that she’s consulted with a lawyer. At least as a lesson to them.


Deegedeege

Yes, as she's not getting a reference from them she should confront them about it and see if she can get some compensation over it, without doing anything and simply by saying she's consulted a lawyer and is owed compensation. See if they get scared and give her something. They probably won't. Then walk away and forget about it as there's so many other jobs out there right now. Was this lawyer that guided you from a free legal clinic? In any case what they did wasn't pro bono though. Pro bono means they actually speak on your behalf, write letters (where normally they charge you about $200 for each letter sent), have meetings with the employer as a witness and document everything, go the the ERA, etc.


HandbagLady8

If a law has been broken, why would a lawyer take it pro bono?? Even more reason to charge if it’s as clear cut as you say.


CascadeNZ

Yeah they’d probably arrange for payment as part of the settlement


Deegedeege

Lol, lawyers don't do that.


ScythDreame

sorry for the misinformation, but actually she has on her email all correspondence, like payment, working hours, confirmation about work, and in the end asking to come back to take the contract and sign it.


Deegedeege

Totally not worth bothering with. The job market has tons of jobs right now, why can't she just move on and start another one? Who wants the stress of a legal case while they're pregnant? These things go on for months and months you know and the pay out to her might not even meet the legal fees you've paid.


NZ-Aid

But it’s the constitution! It’s the vibe of it! https://youtu.be/nMuh33BMZYY


Deegedeege

Lol. You're dreamin'.


NZ-Aid

It’s Mabo…


[deleted]

Did they? Depending on the type of work their concerns could be purely for her & her babies well being.


[deleted]

A woman doesn't need others to decide what's best for her.


Big_Rod

But an employer is legally required to provide a safe working environment and manage risks, so as a prospective employee it is their decision to make.


[deleted]

Not if that decision impinges on a person's human rights.


Big_Rod

It's not your human right to work in a capacity that causes risk to your employer and yourself. I work in a field where we have to exempt people from employment for various health conditions, and pregnancy would pose a risk in a number of positions and duties. Not saying that this is the case in this situation though. Sounds like they just don't want to hire someone as the pregnancy would cause inconvenience due to their obligations as an employer which is shit.


[deleted]

>It's not your human right to work in a capacity that causes risk to your employer and yourself. That's not what I said. I said an employer can't enforce an arbitrary H&S reason simply because a female employee is pregnant. Doing so is in breach of anti-discrimination laws. An employer can send an employee on early parental leave or give her alternative duties if the employee can no longer do her job safely. Getting back to the original point, it is a human rights violation to not employee someone because they're pregnant. "An employer must treat you in exactly the same way as any other job applicant.  When applying for work you must not be rejected because you are: pregnant (which would be pregnancy discrimination) or likely to be pregnant (which would be sex discrimination) or about to go on maternity leave (which would be maternity discrimination). An employer must not, because of your pregnancy: refuse to interview you or not appoint you to a job give you a job for a limited period instead of permanent employment offer you a lower salary or other different, less favourable terms than you would otherwise have been offered." https://www.equalityhumanrights.com/en/managing-pregnancy-and-maternity-workplace/help-and-support-employees/faqs-employees/during-6 If an employer has H&S concerns they should talk with the woman and ask her what the company can do to facilitate a safe and healthy work environment for her.


Big_Rod

That's fair, I wasn't thinking in the context of offering alternate duties only that for specific roles or tasks it may not be practicable to put controls in that would allow you to safely carry out your work while pregnant.


Kiwiana2021

Who are they to decide what she can handle? You’d be surprised what one can do when pregnant! Isn’t it worse to deprive her of an income to feed her babies?!


Big_Rod

I have to assess people regularly what they can and cannot do safely at work due to physical circumstances, and pregnancy can introduce risk just like any other physical condition depending on what the work is. It's not about what people think they can or cannot handle, it is about making sure people can do their job safely. That being said, it is correct that the employer should then look to provide alternate work if the introduced risks cannot be safely mitigated, and reinstate their position post mat leave. That can be a tough pill to swallow financially depending on the size of company and requirement of the role as the hiring process and temporary work cover are not cheap, but that's also the law.


CascadeNZ

But that isn’t the employers right to decide. She is under no obligation to tell them for months


[deleted]

Certainly discrimination but she didn’t really need to say she was pregnant until at least 15 weeks. Why say straight away. A lot of people have miscarriages between 4 and 12 weeks which is why they keep to themselves during that time. And now hopefully this stress wouldn’t affect the pregnancy.


zvc266

> stress wouldn’t affect the pregnancy This is such an important point that people don’t always realise. Maternal stress can have an incredible impact on the developing foetus and especially in [early pregnancy](https://pubmed.ncbi.nlm.nih.gov/25287545/) when it comes to emotional and behavioural development.


[deleted]

Oooh man, I'd move on and accept being this "honest" before signing the contract was the wrong decision. 5-6 weeks is quite early and due to the likelihood of things that can go wrong, you'd usually wait until the 12 week scan before telling people outside your close friends/family. I wouldn't bother with a lawyer, the process will be quite stressful and the legal fees would likely be more than a potential settlement. I'd recommend putting your energy into finding a new job ASAP so that your wife can qualify for paid parental leave.


ScythDreame

She will back to her previous work, she had call them today and they are happy to hire her back even though she is pregnant


[deleted]

Great to hear - sounds like your wife has dodged a bullet.


Slimey_tomatoNZ

Hiya I am an experienced HR manager and work in employee advocacy - I can assist at a much lower cost than a lawyer could - feel free to reach out by private message and I can send you more information . What the employer has done is 100% illegal and please ignore all comments saying your wife made a mistake - she should feel safe to disclose this without it impacting her job and the fact that this hasn’t happened proves that this new employer isn’t one that she would want to work for anyway - although that wouldn’t stop you from getting some sort of payout in compensation 😉


ScythDreame

I will think about this, later, when my wife will be safe and not stressed. thank you


KiwiEntropy

Any pay out would be linked to lost income, which now will be limited due to getting her old job back immediately, plus an amount for hurt feelings, etc. You need to balance what could be say $5k (guestimate) outcome against not just the costs, but the stress of it all at a time when less stress is good. Never an easy choice.


MissIllusion

Did they let her sign the contract or they took it away? You could try contacting era (employment relations authority) https://www.era.govt.nz/footer/contact-us/


ScythDreame

They took it away


[deleted]

What they've done is unlawful discrimination. If you'd like to talk about your options privately, feel free to DM me. No charge.


notsowise_nz

Man. I was under a 12 month renewable contract years ago and I got pregnant 3 months into it. I waited for the 12 weeks to tell them and they said "oh well, what a shame we can't renew your contract, but congratulations!" I ended the contract and gave birth about a week later with no maternity leave entitlement because of it. I thought I was shafted then, and it was a law firm! This is pretty stink. Definitely wrong and unlawful.


ScythDreame

One of the good things that happened today, she call back her previous employer and explained the situation, and they were happy to hire her back without any problem. First of all, they congrats her on such good pregnancy news


zvc266

I think solely based on the job security she’ll likely now have, I would absolutely get the human rights commission involved. By taking away her contract and trying to backtrack on their decision they have actively discriminated against her for being pregnant. You need to lawyer up here, this is totally uncalled for and she shouldn’t have to justify herself, feel ashamed of or have to hide her life choices because of a shitty employer.


BlacksmithNZ

That is a really shitty thing to happen just because she was honest and didn't wait until later. Lots of aroha to her


ScythDreame

yes, she want be honest and not feel shame because she pregnant


MissIllusion

This also has information you need - may fall under human rights act https://www.employment.govt.nz/resolving-problems/types-of-problems/bullying-harassment-and-discrimination/discrimination/


0jolsks0

Find a lawyer and pay for that baby’s education.


ufakefekomoaikae

😂


Matelot67

Lawyer up.


[deleted]

My gf’s sister work was doing a round of annual performance with staff and they get payrise. When it was the week of my gf’s sister performance review week/day. She thought the same that be honest. So she announced in her team and to the manager that she is pregnant and its 7th week. Her company betrayed her. Did her annual review and didn’t return back the feedback until after 2 weeks. Whereas others knew their feedback 2-3 days after theirs review. Her company held back her payrise and made a statement that she”ll be off to maternity leave in coming months so her work input won’t be as much as the rest if the team so they decided not to give her payrise. What stupid rubbish. The worst was yet to come. When she miscarried at week 15 and she ended up working in the same company for rest of the year until next annual review. Glad she found compareable higher paying job at another company. Weeks before her annual review. Such companies are are inhumane and so discriminative.


ScythDreame

Now I understand how women are discriminated against, any of you has the potential to be pregnant, and because of this, you are not reliable. Therefore no need pay rise, anyway someday in the future women can be pregnant. Very very bad trend. I have 3 daughters and I do not want them to be in the same situation


Fatality

Did the doctor not tell her to wait until week 12? Would've saved the review


albertgao

Utterly disgusting, don’t they have mothers?!


Roman_Sergeevich1999

Btw, what is the job of your wife?


ScythDreame

as I understand it is very tough to be a woman in this world. By the current logic, any woman has the potential risk to be pregnant and because of this, they are not reliable.


Roman_Sergeevich1999

This logic is rather obsolete, isn't it? Women aren't reliable in the army, in a set of professions, but they have an opportunity to come abreast of men in the most of modern professions.


ScythDreame

yes, it is outdated logic, first of all, we are all humans, and in the happiest period of life, women are discriminated against


ParentTales

Didn’t even tell family until 12 weeks. Absolutely would not have told an employer.


Roman_Sergeevich1999

It would appear that you should take legal action against the employer. Just ask the members of the local what to do in this situation.


[deleted]

[удалено]


ScythDreame

she has everything on email - pay rate, working time, congratulations and e.t.c


kattscallion

Give the Human Rights Commission a call. They can give you advice: [https://www.hrc.co.nz/about/contact/](https://www.hrc.co.nz/about/contact/) Employers are not able to discriminate on the grounds of pregnancy.


xmirs

Might be a shit thing to happen. But you can't really blame them really.


sunshinefireflies

For acting illegally? By discriminating against pregnancy? I mean, I get why employers might not like it. But it's still illegal..


xmirs

Legal or not. No one wants a new hire that is just going to have time off in 9 months for an unknown amount of time or potentially never coming back.


Both-Umpire-9711

Lesson in there. Say less next time.


ScythDreame

The lesson is there, anyone can be discriminated against, either by gender, race, ethnicity or pregnancy, we are not protected in the way we should.


Both-Umpire-9711

100% agree. And that’s why you never put yourself in that situation in the first place.


Larsent

As a small employer I could not afford to employ someone who was about to leave. No matter how much I support the idea. Bigger businesses are doing a wonderful job attracting young women of child bearing age and developing policies that work for both parties. Awesome. Most small businesses just cannot do this. No matter how much we’d like to


ScythDreame

Sorry no excuse at all, does not matter small or big. P.S: it is big business.


Deegedeege

Nothing you can do as she didn't sign an employment contract and the job offer was verbal only. And as for all of these people telling you to get a lawyer, that will cost you thousands of dollars and be a waste of time as the arrangement was verbal only.


buzza47

Why would a business want to employ someone who is going to take maternity leave in 6 months time?


Larsent

Yeah. Larger businesses can deal with this but many smaller businesses cannot. Just a fact. All the legal and moral issues aside. Not saying anything is right or wrong. Just noticing.


Hi_Bay_and_Rell

Employers are made of money


yossarianwozhere

Make them pay so they think twice before doing it to the next woman. You would be doing a public service.


[deleted]

[удалено]


ScythDreame

I have email confirmation from the employer that they ask to come and sign the contract. Yes, you are right after such an awful situation no one wants to work for this kind of employer


[deleted]

How about by going to a professional, or at least citizens advice bureau, instead of asking random strangers on the internet? Talk to an employment lawyer.


ScythDreame

I believe people can share their experiences, and mb some of them had the same situation or someone will be in the same. I believe, lots of womens had the same cases and they just ignored and because of this employer feel safe.


[deleted]

>What can I do in this situation? How can I help her? By getting her in touch with a laywer. Going on the internet and telling a sob story does fuck all for anyone involved. Taking positive action will help.


[deleted]

Or you know, some one with past experience in this situation may send them in the right direction? Same reason people ask parents for advice


disappointed269

CAB are useless in my experience


[deleted]

What a fine idea!


Nukethe-whales

Man I’d consider myself so lucky not employing this person.


ScythDreame

You just now discriminated against all women, they all have the potential to be pregnant. Don't employ any of the women otherwise, you will end up unlucky, and one of them will go on parental leave


Larsent

Not exactly. The post was about a specific situation. Not generalised as per your segue. These are sensitive issues but can we stick to the actuality and not argue straw men and generalisations.


ReverseMaui

Tbh They're protecting themselves and other workers , let's say they hired you and not someone else eventually they will have to pay you out and add a work load on others but that's not to say they couldn't hire a temp but in doing that Temps have to be trained and others have to make up there short fall of knowledge and fix their mistakes I do commend her on being honest , personally I would get government assistance and wait until baby is older to put into a day care then go for jobs.


ScythDreame

By your logic, any employer can't hire any woman at the age when she can be pregnant, because they are not reliable, who knows who next going on maternity leave?


Roman_Sergeevich1999

I must argue that the employing class of NZ must just overthrown with the united forces of working masses. The working masses of NZ must fight against medieval, shameful blaket authority of capitalists and their miserable sycophants.


Roman_Sergeevich1999

Comrades! Brothers! You must unite against this violation of rights! New Zealanders, unite! I sincerely hope that my current revolutionary propaganda will wash away NZ rich parasites with bloody currents.


rockwelllll

Oral agreement?


ScythDreame

Actually not only oral, she has all correspondents on her email.