A worker at an Amazon warehouse, who was dismissed via text message shortly after informing her employer she was pregnant, has won a significant legal victory. The Fair Work Commission (FWC) has ordered the staffing agency Adecco, a contractor for Amazon, to reinstate the employee and pay her almost $15,000 in compensation plus superannuation.
A Text Message Termination
The employee had been working as a 'pick packing associate' at Amazon for just seven months, earning $1,426 per week, when she disclosed her pregnancy. Despite providing medical evidence confirming she was fit for light duties with a lifting restriction of five kilograms, Adecco stopped offering her shifts and cancelled her scheduled training.
The company communicated its decision solely by text, stating: 'no light duties are available and since you're not trained in other areas we cannot place you elsewhere.' The message continued, 'After careful consideration of your safety and discussions with operations, there are no light duties to be offered, so your shifts will be put on hold.'
Commission Finds a 'Lack of Decency'
In a damning ruling, the FWC found that Adecco had 'lacked decency' in its handling of the situation. FWC deputy president Michael Easton criticised the company's communication, describing parts of the text as 'a mixture of people and culture puffery and lawyerly disclaimers.'
The commission found that Adecco failed to properly communicate with the worker after effectively terminating her employment and dismissed the company's claims that it had tried to maintain the employment relationship. Mr Easton noted that the worker's lifting restriction was not a valid reason for her dismissal, and that Adecco provided almost no direct evidence about who made the decision to end her employment.
Broader Context of Warehouse Worker Rights
This ruling emerges as Amazon faces similar allegations of discrimination in other countries. Last month, the New Jersey Attorney-General in the United States launched legal action against the retail giant over alleged discrimination against pregnant warehouse employees.
For the Australian worker, the FWC's decision means not only getting her job back but also receiving financial redress for the unfair treatment. The case underscores the legal obligations employers and their contractors have to accommodate pregnant workers and engage in proper consultation before making dismissal decisions.
