Seven weeks pregnant and informed to take parental depart, court docket hears

Beauty therapist Zelinda Doria complained she was discriminated against on the grounds of pregnancy.


Beauty therapist Zelinda Doria complained she was discriminated against on the grounds of pregnancy.

About pregnant
Pregnancy, also known as gestation, is the time during which one or more offspring develops inside a woman. A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but can occur through assisted reproductive technology procedures. A pregnancy may end in a live birth, a spontaneous miscarriage, an induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the last menstrual period (LMP). This is just over nine months – (gestational age) where each month averages 31 days. When using fertilization age it is about 38 weeks. An embryo is the developing offspring during the first eight weeks following fertilization, (ten weeks gestational age) after which, the term fetus is used until birth. Signs and symptoms of early pregnancy may include missed periods, tender breasts, nausea and vomiting, hunger, and frequent urination. Pregnancy may be confirmed with a pregnancy test.Pregnancy is divided into three trimesters, each lasting for approximately 3 months. The first trimester includes conception, which is when the sperm fertilizes the egg. The fertilized egg then travels down the fallopian tube and attaches to the inside of the uterus, where it begins to form the embryo and placenta. During the first trimester, the possibility of miscarriage (natural death of embryo or fetus) is at its highest. Around the middle of the second trimester, movement of the fetus may be felt. At 28 weeks, more than 90% of babies can survive outside of the uterus if provided with high-quality medical care.Prenatal care improves pregnancy outcomes. Prenatal care may include taking extra folic acid, avoiding drugs, tobacco smoking, and alcohol, taking regular exercise, having blood tests, and regular physical examinations. Complications of pregnancy may include disorders of high blood pressure, gestational diabetes, iron-deficiency anemia, and severe nausea and vomiting. In the ideal childbirth labor begins on its own when a woman is “at term”. Babies born before 37 weeks are “preterm” and at higher risk of health problems such as cerebral palsy. Babies born between weeks 37 and 39 are considered “early term” while those born between weeks 39 and 41 are considered “full term”. Babies born between weeks 41 and 42 weeks are considered “late term” while after 42 week they are considered “post term”. Delivery before 39 weeks by labor induction or caesarean section is not recommended unless required for other medical reasons.About 213 million pregnancies occurred in 2012, of which, 190 million (89%) were in the developing world and 23 million (11%) were in the developed world. The number of pregnancies in women aged between 15 and 44 is 133 per 1,000 women. About 10% to 15% of recognized pregnancies end in miscarriage. In 2016, complications of pregnancy resulted in 230,600 maternal deaths, down from 377,000 deaths in 1990. Common causes include bleeding, infections, hypertensive diseases of pregnancy, obstructed labor, miscarriage, abortion, or ectopic pregnancy. Globally, 44% of pregnancies are unplanned. Over half (56%) of unplanned pregnancies are aborted. Among unintended pregnancies in the United States, 60% of the women used birth control to some extent during the month pregnancy occurred.

Seven weeks pregnant and told to take parental leave, court hears

About parental
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where “child” refers to offspring, not necessarily age). A biological parent is a person whose gamete resulted in a child, a male through the sperm, and a female through the ovum. Biological parents are first-degree relatives and have 50% genetic meet. A female can also become a parent through surrogacy. Some parents may be adoptive parents, who nurture and raise an offspring, but are not biologically related to the child. Orphans without adoptive parents can be raised by their grandparents or other family members.
A parent can also be elaborated as an ancestor removed one generation. With recent medical advances, it is possible to have more than two biological parents. Examples of third biological parents include instances involving surrogacy or a third person who has provided DNA samples during an assisted reproductive procedure that has altered the recipients’ genetic material.The most common types of parents are mothers, fathers, step-parents, and grandparents. A mother is, “a woman in relation to a child or children to whom she has given birth.” The extent to which it is socially acceptable for a parent to be involved in their offspring’s life varies from culture to culture, however one that exhibits too little involvement is sometimes said to exhibit child neglect, while one that is too involved is sometimes said to be overprotective, cosseting, nosey, or intrusive.

Zelinda Doria’s daughter is now 3½ years old, and it is yet to be decided where Doria’s complaint should be heard.

The Human Rights Review Tribunal says it will hear Doria’s claim but the employer says it’s a case about parental leave and it should go to the Employment Relations Authority.

Seven weeks pregnant and told to take parental leave, court hears

Doria, then 21, was told to take parental leave when she was just seven weeks pregnant, but she and her former employer disagree about the circumstances.

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She said she was discriminated against and complained to the Human Rights Commission, leading to a claim being lodged to the Human Rights Review Tribunal.

However, Diamond Laser Medispa Taupō Ltd, manager Olivia Blakeney-Williams and director Richard Blakeney-Williams say the Human Rights Review Tribunal has no power to deal with the complaint. They say it should go to the Employment Relations Authority.

Their lawyer, Giles Brant, told the Court of Appeal in Wellington on Wednesday that the issue was not within the human rights law definition of discrimination.

The director of human rights proceedings has taken up Doria’s case. One of her lawyers, Ella Tait, said that a complainant could choose where to make her complaint.

The decision whether to go to the Employment Relations Authority or the Human Rights Review Tribunal had practical implications for the time frames for making the complaint and what result was sought, Tait said.

Doria wanted damages on several grounds.

She also wanted a declaration that she was discriminated against and she could not get that from the Employment Relations Authority. She also wanted the Blakeney-Williams to undertake human rights training at their own expense.

Medispa and the Blakeney-Williams protested the tribunal’s right to hear the complaint, but the tribunal refused to strike out Doria’s claim.

When that failed they went to the High Court, but lost there also.

They appealed against the decision to allow the complaint to continue before the tribunal.

The Court of Appeal has reserved its decision.


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