In The News

Kelly Workplace Lawyers has featured in a range of publications. Below are some articles featuring Kelly Workplace Lawyers.



Roy Morgan Research acted unlawfully when it made new mother redundant, court finds

Posted on 18 February 2016

It was unlawful for the company Roy Morgan Research to make a new mother who was still on maternity leave redundant, a federal court has found.

Jaye Heraud had worked as a director in the company’s Melbourne office for a year, before she started about nine months of maternity leave in 2013.

While she was on leave, Roy Morgan restructured its business, blaming the loss of major clients – including News Ltd – and the emergence of a new competitor.

Roy Morgan said a consequence of the restructure was redundancies.

Ms Heraud was offered a new position within the restructure while still on leave.

But just before she was due to return, and after she had requested to work part-time, Ms Heraud was told she would be made redundant.

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Legal Findings: Heraud v Roy Morgan Research Ltd [2016] FCCA 185 (5 February 2016)


Workplace Express: Big Adverse Action Payout For “Not A Good Look” Pregnant Worker

Posted on Friday, 02 May 2014 

A photographer allegedly told by the owners of a family-run business that she would not be able to take photos or work with clients while heavily pregnant because it would not be “a good look” has been awarded more than $235,000 in compensation and penalties.

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Pregnancy not good look? That’ll be $174k



Photographer Samantha Sagona with her son. ‘I had to leave my job of 12 years that I had worked extremely hard for’. Picture: Stuart McEvoy Source:News Corp Australia

A PHOTOGRAPHER who was told by her long-time employers it would not be a “good look” for her to be taking photos or be seen by customers while heavily pregnant has been awarded $174,000 in compensation.

The Federal Circuit Court has found that Samantha Sagona had no choice but to resign from her job given the conduct she was subjected to by her employers after she told them she was 10 weeks pregnant in 2012.

Ms Sagona, now 36, was ­employed for 12 years by Piccoli Photography, a portrait photo­graphy business operated by Robert Cosimo Piccoli and Christine Mary Piccoli in the Melbourne suburb of Richmond.

After announcing her pregnancy, Ms Sagona was told she needed to work extra hours; that she would have to take her long-service leave before the birth; and that she could not ­return to work part-time after the birth.

The court found that part of the reason for her employers not allowing Ms Sagona to return to work after the summer break of 2012-13 was “it would not look good’’ for her to be working as a photographer while heavily pregnant. In her evidence, Ms Sagona said they told her she could not continue to do photo shoots, have sales appointments or be seen by customers because it was not a good look for clients to see a pregnant women working in the business, as it would make them look like they were “slave drivers’’.

“I am satisfied that the actions of the respondents amounted to a course of conduct which gave the applicant no choice but to ­resign,’’ judge Dominica Whelan said in her judgment last week.

Ms Sagona said yesterday that she had never been engaged on an employment contract in the 12 years she worked at the business prior to announcing her pregnancy. “Within a week of ­announcing my pregnancy I was presented with a contract that contemplated cutting my pay if I didn’t achieve unachievable sales targets,’’ she told The Australian.

“People are congratulating me on winning my case. What they don’t realise is that I had to leave my job of 12 years that I had worked extremely hard for and start from scratch again.’’

Her former employers were ordered to pay $174,097 in compensation to Ms Sagona. Their company was found to have committed breaches of the Fair Work Act and ordered to pay a $45,000 penalty. Mr and Ms Piccoli were ordered to pay additional penalties of $8000 each.


 The Age: Outlook sunny as Geek wins ruling on job dismissal

Posted on 21 November 2012

Feature article by Clay Lucas on the ruling of Federal Magistrate Dominica Whelan in the case of Adam Marshall vs Bureau of Meteorology to re-employ Mr Marshall in his role as a remote areas weather observer.

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Workplace Express: Beauty and the Geek contestant wins adverse action claim

Posted on 19 November 2012

The Bureau of Meteorology dismissed its relief weather observer for providing unacceptable medical evidence for taking sick leave in July last year, when he planned to appear as a contestant on the Seven Network’s reality television program Beauty and the Geek. Kelly Workplace Lawyers were successful in their bid to have the employee’s position reinstated after questioning who is best to assess the medical condition of an employee – their doctor or their HR manager. The ruling also makes clear that employees may be unfit for their normal employment duties, but perfectly fine for other activities – such is the nature of mental illness.

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Tenant Mag: 3185 Joseph Kelly – Workplace Lawyer

Posted on 30 October 2012

Joseph Kelly features in a comprehensive interview with Tenant Mag Melbourne

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Lawyers Weekly: Spreading his wings: Joseph Kelly, Kelly Workplace Lawyers

Posted on 4 March 2011

Read Angela Priestly’s article about Joseph Kelly’s successful defence in a suit against American Airlines

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