Librizzi v Flower Power Pty Ltd [2000] FCA 971

FEDERAL COURT OF AUSTRALIA Librizzi v Flower Power Pty Ltd [2000] FCA 971 ADMINISTRATIVE LAW – judicial review – review of decision of the Human Rights and Equal Opportunity Commission that a complainant under the Sex Discrimination Act 1984 had been discriminated against but not constructively dismissed by her employer on the grounds of her pregnancy – whether award of $2000 for hurt and humiliation so inadequate and erroneous as to call for reassessment HUMAN RIGHTS – unlawful discrimination by employer on ground of pregnancy by changing employee's conditions of employment and subjecting her to detriment – pressure to reduce hours of work by changing from full time to part time employment INDUSTRIAL LAW – constructive dismissal – unpaid maternity leave Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Sex Discrimination Act 1984 (Cth) ss 7, 7B, 8, 14(2), 81(1)(b), 81(4) and 106 Evidence Act 1995 (Cth) s 43 Federal Court Rules Order 33 rule 3 Industrial Relations Act 1996 (NSW) s 57 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, referred to Baltic Shipping Company v Dillon (1993) 176 CLR 344, referred to Hall v Sheiban Pty Ltd (1989) 20 FCR 217, referred to Perks v Willert (1974) 12 ALR 408, referred to Burazin v Blacktown City Guardian (1997) 142 ALR 144, referred to Commonwealth v Human Rights & Equal Opportunity Commission & Others (1999) 167 ALR 268, referred to Freestone v Kozma (1989) EOC 92-249, referred to Commonwealth v Human Rights & Equal Opportunity Commission & Others (1997) EOC 92-890, referred to Librizzi v Flower Power Pty Ltd [1999] HREOCA 5, referred to Health & Building Surveyors' Association (NSW) v Strathfield Municipal Council (1987) 25 IR 359, referred to Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia – WA Branch (1995) 63 IR 1, referred to Allders International Pty Ltd v Anstee (1986) 5 NSWLR 47, referred to Australian Iron & Steel Pty Ltd v Najdovska (1988) 12 NSWLR 587, referred to Silberschneider v MRSA Earthmoving Pty Ltd (1987) 68 WAIG 33, referred to Marriot v Oxford and District Co-operative Society Ltd (No. 2) [1970] 1 QB 186, referred to Western Excavating (ECC) Ltd v Sharp [1978] QB 761, followed Addis v Gramophone Co Ltd [1909] AC 488, referred to Davies v Powell Duffryn Colleries Ltd [1942] AC 601, applied DENISE LIBRIZZI v FLOWER POWER PTY LTD N 307 OF 1999 EINFELD J 20 JULY 2000 SYDNEY