Summer Irvin sues Queensland law firm over alleged pregnancy discrimination
A young lawyer and former reality TV star is suing a prominent law firm, alleging she was sacked for falling pregnant.
At Work
Don't miss out on the headlines from At Work. Followed categories will be added to My News.
A young lawyer and former reality TV star is suing a prominent law firm, alleging she was sacked for falling pregnant.
Summer Irvin, who starred on Seven’s First Dates, has taken legal action in the federal circuit court against a Queensland-based law firm, The Australian reports.
In her statement of claim, Ms Irvin alleges that a legal director informed her during an October 23 meeting that the firm had “made an operational decision to cut costs and was considering making her position redundant on the basis that the work could be done by less people”.
According to Ms Irvin, she had informed the firm on October 9 that she was seven weeks pregnant.
She claims she became distressed and began to cry, and told the director she believed she was being dismissed due to her pregnancy.
He refused to provide more details on the reasons for her redundancy, only “stating words to the effect of ‘I am not getting into it with you, think what you like but it has nothing to do with your pregnancy’”, according to the claim.
When she threatened to challenge her dismissal, she claims he then abruptly left the meeting.
She was offered a six-week notice period and four weeks’ redundancy.
She further alleges the firm targeted her for telling colleagues she had been “fired because she was pregnant”, according to her claim.
The law firm alleged her conduct damaged its reputation and “amounted to serious misconduct”, which she denies.
Ms Irvin is suing for around $230,000 in damages for financial losses, including medical bills for psychiatric injury, The Australian reports.
In its defence filed in court, the firm said her redundancy was legitimate and denied her claims. It alleges the decision was made after realising other employees could “easily absorb” her “light workload”.
The firm alleges Ms Irvin was “unproductive”, had “a negative impact on workplace culture” because she was “rude and disrespectful”, and was “too inexperienced to work without in-person supervision”.
She was also “unable to work collaboratively, in a team environment, as was expected of her” and “failed, refused or neglected to follow her employer’s lawful directions”, the defence states.
Ms Irvin initially filed a claim with the Fair Work Commission in February, alleging dismissal from employment in contravention of a general protection.
The case was sent to the federal circuit court last month for assisted dispute resolution, with mediation scheduled for October 15.
Wotton Kearney partner Sian Gilbert, who is representing Ms Irvin, said “in our view, the only reason for the termination of her employment was the disclosure of her pregnancy”.
“We do not consider the redundancy to be a genuine redundancy, and that is the case that we’ll be fighting in court,” Ms Gilbert told news.com.au.
Ms Gilbert said the law firm’s claim of misconduct was untrue.
“The allegation, which is unproved, is that she sent an Instagram message to a colleague to say, ‘I’ve just been made redundant.’ That’s it, there’s nothing more than that,” she said. “And that will obviously come out in evidence.”
Ms Irvin was unable to find another job during pregnancy after being fired.
Her damages claim also includes loss of government-funded paid parental leave, as she had not been employed for long enough at the time to be eligible.
“My client Summer has been treated in an appalling manner,” Ms Gilbert said.
“A woman who was pregnant, who had difficulties with her pregnancy, was all of a sudden called in and made redundant, which seems like an absolute fabrication.”
The law firm has been contacted for comment.
Originally published as Summer Irvin sues Queensland law firm over alleged pregnancy discrimination