A sex discrimination lawsuit against advertising giant M&C Saatchi by a contract employee who claimed he was fired after requesting flexible hours to take care of his children has been resolved.
Digital campaign specialist Robert Van Der Klauw had alleged the company promised him a full-time job but abruptly terminated his employment after he sought a flexible working arrangement to take his children to activities.
The suit was discontinued on September 26. A spokesperson for M&C Saatchi said Van Der Klauw dropped the case and no financial settlement was offered by the company.
“We absolutely stand by our position that no discrimination occurred,” the spokesperson said.
A spokesperson for Van Der Klauw did not respond to a request for comment.
Van Der Klauw was initially employed with M&C Saatchi through recruitment agency Ashdown People in November 2016 under a three-month contract with a “clearly-stated intention” to be offered a full-time position after the contract’s expiry, according to his Federal Circuit Court case.
The lawsuit alleged that during his job interview and again after starting employment Van Der Klauw requested permission to start and leave work early at least two days a week to accompany his children to activities, and that his direct manager, Sally Walker, was “agreeable” to the arrangement but asked for details in writing.
Walker told Van Der Klauw his request would be sent for final approval by Victoria Curro, the managing director of M&CSaatchi sub-unit LIDA. Three days later, the suit claimed, the company sacked him on the stated basis of a “project cost overrun”.
Van Der Klauw alleged that three days before his last day of work he saw a job advertisement on SEEK posted by Ashdown calling for a digital campaign specialist. He enquired about the posting and was told by Ashdown recruiter Toni MecMenamin that it was the job from which he had been fired, according to the suit. MecMenamin also allegedly told Van Der Klauw that he lost the job because M&C Saatchi were unwilling to accommodate his request for flexible hours.
“The applicant has had his employment terminated as a direct consequence of requesting a flexible hours arrangement to facilitate his family responsibilities,” the suit said.
Van Der Klauw claimed the sacking was a breach of the Fair Work Act and the Sex Discrimination Act and that he has been unable to find work in the advertising industry since.
“The applicant has suffered loss of income, harm to his professional reputation and loss of opportunity as well as considerable personal distress mainly from financial stress brought about by the unexpected loss of employment and income,” the suit said.
“The applicant has subsequently been unable to secure further long-term employment in the same field and effectively been forced into a career change.”
Van Der Klauw is represented by Taylor & Scott Lawyers.
M&C Saatchi is represented by Norton Rose Fulbright.
The case is Robert Owen Van Der Klauw v M&C Saatchi Agency Pty Ltd.