Mother Wins $205K After Being Forced to Pump Milk in Storeroom

A former employee of the UAE consulate in Melbourne has been awarded nearly $205,000 in damages following a legal victory against the foreign mission. The Federal Court found the Australian employee experienced sex discrimination, was denied parental leave, and was wrongfully terminated.

Tatiana Duarte, who worked as a waiter and cleaner, was pregnant in April 2020. Her requests for paid and unpaid parental leave were reportedly denied. She was also instructed to change roles from a waiter to a butler with little notice, forcing her to scramble for childcare.

Upon her return, Ms. Duarte faced humiliating conditions, including being directed to express breastmilk in a storeroom. She was denied proper storage facilities, resorting to keeping her milk in an ice-filled suitcase. Her request to finish work earlier to care for her infant was also refused.

After taking annual leave, she was informed her position was redundant and was dismissed in November 2021. Justice Philip Corbett ruled that the UAE Ministry of Foreign Affairs breached the Fair Work Act through discrimination related to pregnancy, breastfeeding, and caring responsibilities.

The court recognized the psychological harm, including humiliation and stress, caused by her treatment. The ruling also serves as a reminder that employers in Australia are generally subject to Australian employment laws, regardless of their origin.