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An employee who claimed she was referred to her as "that fat one" and likened to a "donut" has failed to prove she was discriminated against on the basis of her pregnancy.

NSW Civil and Administrative Tribunal Principal Member Jane Seymour and General Member Maree Murray noted that for the employee's unlawful discrimination claim to succeed, she needed to prove there was a connection between her colleague's comments and her pregnancy, because a person's physical appearance isn't a protected attribute under the State's Anti-Discrimination Act.

In claiming discrimination on the basis of her sex and race, the Care Metaz Global disability support worker told the Tribunal that during 2022 and 2023, her colleague frequently referred to her as "that fat one". On one occasion, she alleged, the colleague told her she "look[ed] like a donut" while she was eating lunch...