Landmark ruling awards $205K to Australian mom after UAE consulate discrimination

A Federal Court ruling has awarded an Australian woman nearly $205,000 in damages after she faced discrimination at the United Arab Emirates consulate in Melbourne. Tatiana Duarte, a former employee, was subjected to unfair treatment due to her pregnancy, breastfeeding needs, and childcare responsibilities. The case marks a significant legal decision on workplace rights for parents in foreign consulates.

Tatiana Duarte worked at the UAE consulate in Melbourne before her dismissal in November 2021. She received a $13,390 payout after taking just two days of annual leave in October that year. The court found the consulate had breached the Fair Work Act by discriminating against her on multiple grounds.

The discrimination began when Duarte requested paid parental leave for 14 weeks, which was denied. Later, her application for an additional 20 weeks of unpaid leave was also rejected. Upon returning to work, she was assigned to a butler role with no time to organise childcare for her infant son.

Duarte was further denied a request to leave work early to care for her child. She was forced to express breastmilk in a storeroom and store it in an ice-filled suitcase due to the lack of proper facilities. The court ruled these actions constituted sex discrimination and imposed significant financial penalties on the consulate.

Victoria Legal Aid described the outcome as a landmark victory. The organisation highlighted its importance for employees facing discrimination linked to pregnancy or parenthood.

The Federal Court awarded Duarte $205,000 in compensation for economic and non-economic losses, including legal costs. The ruling reinforces workplace protections for parents under Australian law. No public or government reaction to the decision has been reported so far.