Problem
Melanie manages Sara's Sportswear, a store in Chadstone shopping centre which sells expensive active wear and leisure wear for women. Lulu has been working part-time for Sara's Sportswear for three months from 8.30-13.30 each week day, when she discovers she's pregnant. For the next two months, Lulu feels quite nauseous and unwell, especially in the morning. On a couple of occasions, when she is working in the store by herself, Lulu has to close the store for 10 minutes so she can go to the bathroom.
When Melanie becomes aware of this, she asks Lulu to explain why she closed the store. Lulu reveals that she's pregnant. Melanie tells Lulu that she's not allowed to close the store in such a situation again and will just have to wait until someone else is working with her to leave the store.
The next day Melanie calls her union for advice and she is told that under her award, she is entitled to a bathroom break. Now in her second trimester, Lulu's pregnancy is regarded as 'high risk' by her doctor. Her doctor tells Lulu that she's not to lift above 5kg when she's unpacking stock or move heavy display units around the shop floor any more. The next time Lulu speaks to Melanie, she explains this to her. Melanie tells Lulu not to call her union in future and to speak to her first if she has a problem. Melanie says that it will be difficult for her to roster Lulu on her usual morning shifts because she needs the stock unpacked. She tells Lulu that she will have to make her a casual from now on so she can work around Lulu's limitations.
Melanie rosters Lulu on for three afternoon shifts each week for the following three weeks but Lulu doesn't get any shifts in the fourth week. When Lulu asks Melanie about this, Melanie says:
"It's not a good look for the store to have you serving customers with the way you look. We're trying to sell fitness and health and you've put on a lot of weight since I hired you!"
Very upset, Lulu tells Melanie that she will be contacting the union again and taking this matter further, and that she expects to be rostered on the following week for her regular shifts.
The next day Lulu receives an email from Melanie telling her that her behaviour in the workplace dealing with rosters and speaking to the union is unacceptable and contrary to the holistic, happy, healthy brand that Sara's Sportswear stands for. For this reason, Lulu will not be given any more shifts in the store.
Can Lulu challenge any of Melanie's decisions? And if so, how?