Tatiana had to store breastmilk in a suitcase of ice. Now she’s won a discrimination payout

A new mother discriminated against for being pregnant and forced to store breastmilk in a suitcase of ice at her job in a consulate office has been awarded almost $200,000 in damages.

Tatiana Duarte was working as a fulltime waiter and cleaner at the United Arab Emirates consulate in Melbourne in 2020 when she became pregnant with her first child.

Duarte says she was denied unpaid parental leave and flexible work arrangements by her employer, as well as support when she returned to her job. Instead, she was forced by her employer to experience “the humiliation of breastfeeding in a storeroom” and denied anywhere to safely store her breastmilk.

Duarte was fired in November 2021 when she raised issues with Fair Work Australia.

This week, Federal Court judge Philip Corbett found the United Arab Emirates Ministry of Foreign Affairs breached its obligations under the Fair Work Act 2009 when it treated the employee in a discriminatory manner because of her pregnancy, breastfeeding and caring obligations, and when she exercised her workplace rights.

The court noted the consulate was required to comply with Australian employment law.

“Here, the applicant was treated very poorly by her former employer. The humiliation of breastfeeding in a storeroom and storing milk in a suitcase is obvious, so too the stress caused by irregular and uncertain work hours when trying to care for an infant,” Corbett wrote in his judgment.

The judge ordered the mother be compensated $73,000 for economic and non-economic loss, and be paid a penalty of $100,000.

Duarte said the case had been challenging to fight and she had at times been forced to appear in court without legal representation because she couldn’t afford it.

“Despite these hardships, I remained steadfast in my belief that the truth – my truth – deserved to be heard and defended,” she said. “I felt that I had to raise my voice for justice. I held on to hope that, in the end, justice would prevail and find its way into my life.”

The court found the mother’s treatment resulted in psychological harm including humiliation and stress.

Victoria Legal Aid’s Catherine Hemingway said the landmark win was significant for employees who may experience discrimination at work related to being pregnant or having a child.

Hemingway said employers should take note and make sure they responded to parental leave and flexible work requests under the law or risk facing significant penalties.

“We are pleased the court recognised the seriousness of the conduct towards Tatiana, and the enormous cost and struggle she faced in bringing her case forward,” she said.

“The case is also a reminder that if you are working or employing people in Australia, you are often covered by Australian laws – regardless of what your visa status is, or what country your employer is from. And if you are told the law doesn’t apply to you, you should seek legal assistance.”

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