1 min read

Inadequate breastfeeding facilities leads to discrimination finding and significant damages payout

Case

Complainant 202258 v Southern Restaurants (Vic) Pty Ltd (2025)

Southern Restaurants (Vic) Pty Ltd (SRVic), which ran a KFC franchise, was accused of unlawfully discriminating against a manager who requested flexible work arrangements to enable her to breastfeed and express milk. SRVic would not permit the employee to leave the store for the purposes of expressing milk as she was the sole manager on site, and she was expected to fulfil the requirement imposed on managers not to leave the store unless another management employee trained in work health and safety was on site. SRVic sought to accommodate the employee by providing a fold-down chair and pop-up tent in a storeroom.

The employee commenced discrimination proceedings in the ACT Civil & Administrative Tribunal (ACAT).

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