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Dr Elizabeth Watt reached a mediated settlement with the Australian National Research Organisation for Women’s Safety after alleging she was denied her pre-parental leave role. The case highlights gaps in Australia’s National Employment Standards.
citizen.co.zaDr Elizabeth Watt, a former senior researcher at the Australian National Research Organisation for Women’s Safety, reached a mediated settlement with the organisation after alleging she was denied the right to return to her pre-parental leave position following the birth of her second child.
Watt joined ANROWS in 2021 in a senior role overseeing a major evidence project. She became pregnant soon after starting and later sought to return on a part-time basis through a proposed job-sharing arrangement.
Watt said she was told the arrangement was too difficult to accommodate and that she was “only entitled to an equivalent role under the Fair Work Act”. She alleged she was gradually excluded from the team she had managed and from the project she had led. “The title came back, but the job didn’t,” she said.
The dispute escalated to the Federal Court last year after Watt filed a statement of claim prepared by barrister Philip Boncardo. ANROWS admitted in court documents that Watt did not return to her pre-parental leave position but denied any legal wrongdoing, arguing that internal parental leave policies do not create binding contractual rights.
Negotiations were protracted because Watt requested a carve-out in the confidentiality clauses to allow her to use her experiences for research and advocacy.
“I tried to resolve this quietly for years,” she said in an interview on June 3. “The agreement I need to sign to end this says ‘voluntary’, but my choices were incredibly limited. ” Watt said support from a new employer and a successful workers’ compensation claim helped her recover.
She said she had hoped to use the period before the NDA took effect to campaign for changes to parental leave and discrimination laws. “The threatening emails I’ve received since they found about this article suggest otherwise,” she said. Watt and her husband Gordon, both Labor Party members, have written to federal MPs and Workplace Relations Minister Amanda Rishworth urging a change to the National Employment Standards.
Under current law, employees must complete 12 months of continuous service before qualifying for parental leave and the guaranteed right to return to their position. Monash University socio-legal scholar Amanda Selvarajah said the eligibility threshold should be scrapped so all employees returning from parental leave are guaranteed the right to return to their jobs.
“If we have these gaps in protection, people fall through the cracks,” she said.
Sara Charlesworth, professor emerita at RMIT University, said Australia’s parental leave system still lagged comparable jurisdictions such as Britain and parts of Europe. “What it does is make women feel it only happens to them instead of knowing this is frighteningly common,” she said.
Submissions to the federal government’s ongoing review of the NES show that in most developed nations, pregnant employees access return-to-work protections from day one.
Countries such as Britain, France, Ireland, Japan and South Korea impose qualifying periods for partners, but mothers are guaranteed their jobs back regardless of tenure. Britain recently expanded its “day one” parental leave rights. Employment law academics and industrial relations experts say Australia is an outlier globally for linking maternity protections to a service threshold that exceeds the length of a pregnancy.
At the time of the dispute, ANROWS was led by Padma Raman, who now serves as executive director of the Office for Women within the Department of the Prime Minister and Cabinet. The board was overseen by chair Sam Mostyn, who has since become Australia’s Governor-General. ” Rishworth’s office did not respond to questions.
Raman was contacted for comment. A spokeswoman for Mostyn declined to comment. In a statement, ANROWS said the wellbeing and safety of staff was “very important to us”. “We take workplace concerns seriously and respond through appropriate internal processes, with care, procedural fairness and respect for the people involved,” it said.
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