- Published:
- Wednesday 18 February 2026 at 10:00 am
A mother has won a landmark case in the Federal Court after experiencing discrimination by her employer when pregnant, and then breastfeeding and looking after her newborn baby.
Tatiana Duarte, represented by Victoria Legal Aid, was working as a waiter at the Consulate of the United Arab Emirates in Melbourne in 2020 when she fell pregnant with her first child who was born the following year.
Tatiana was denied unpaid parental leave and flexible work arrangements by her employer, as well as any support when she returned to work as a breastfeeding mother. Instead, she was forced by her employer to experience ‘the humiliation of breastfeeding in a storeroom’ and denied anywhere to safely store her breastmilk.
Tatiana, who has Colombian heritage, was fired from work in November 2021.
On Tuesday, the Federal Court found that Tatiana’s employer had breached their obligations under the Fair Work Act 2009 by treating her in a discriminatory manner because of her pregnancy, breastfeeding and caring obligations, and because she exercised her workplace rights.
The Court also found that Tatiana’s poor treatment by her former employer had resulted in psychological harm including humiliation and stress.
The Federal Court awarded Tatiana compensation for economic and non-economic loss and legal costs.
Importantly, the Court also found that the employer’s conduct towards Tatiana and in the litigation, as a foreign state entity required to comply with Australian employment law for people they employ in Australia, justified the ordering of significant pecuniary penalties.
We commenced acting for Tatiana when she could no longer afford the fees of private lawyers.
It has been a long and challenging journey for my family and me. Over the years, I faced numerous obstacles. There were times I had to appear in court without legal representation simply because I couldn’t afford one. Despite these hardships, I remained steadfast in my belief that the truth – my truth – deserved to be heard and defended,’ Tatiana said following the outcome.
‘Throughout this ordeal, I persisted in my fight for justice and my rights as an Australian worker. It was difficult and uncertain, but I felt that I had to raise my voice for justice. My faith and hope helped me to be brave and have been the pillars that carried me through the darkest moments. I held onto hope that, in the end, justice would prevail and find its way into my life.’
Through the Equality Law Program’s practice, we see clients everyday who face discrimination due to being pregnant and having caring obligations for young children.
This case is a major win for those who experience discrimination at work related to being pregnant or having a child. Employers should take note and make sure they respond to parental leave and flexible work requests under the law or risk facing significant penalties,’ said our Equality Law Program Associate Director Catherine Hemingway.
‘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.
‘To take a case like this all the way to judgment is a long and challenging road that is almost impossible without legal representation. We hope this outcome provides a sense of justice and closure for Tatiana and her family.
‘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.’
More information
Learn more about the legal help and other support available for discrimination.
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