Brian works in the IT department providing Help Desk support. He has two children under school age, one of whom is disabled.

When Brian commenced employment with the company he originally worked from 8.30am to 4.30pm but when his first child was born he requested to move to a 9.30am start to allow him time to drop his child at crèche. He then finished work one hour later at 5.30pm.

Over the past several months, Brian has been frequently arriving late at work, sometimes as late as 10.00am. His direct supervisor, Sandra, has told Brian that he needs to be at work on time as the company relies upon him to provide the necessary IT support. She offers to move his starting time back to 10 am but states that he would still need to be on time if she did so. He refuses the offer. One morning, she stops him at the door into the office as he enters and tells him off in a raised voice for being late again.

Brian is very embarrassed because he is sure others can hear what Sandra has said to him. He quietly tries to tell Sandra that his wife works an early shift and he has to get the children ready each morning and take them to crèche. He says it is because of his children that he sometimes runs late. Sandra responds by saying that he is not the only one with parental responsibilities but is the only one who is frequently late. She tells him it is not a valid excuse and she says that she is issuing a verbal warning to him and that if he continues to be late, further action will be taken against him.

Gary, a co-worker who is open about his own homosexuality, overhears some of this discussion and says to him immediately afterward “better fix up your eyeliner Sweetheart…just because you are a working mother doesn’t mean you can cry at work” and walks off laughing. Brian and Gary used to be friends but had a falling out a year earlier about a non-work related issue. They frequently exchanged ‘un-pleasantries’ in the workplace and Brian has in the past made insulting comments about Gary’s sexuality to try and provoke him.

Brian makes a complaint to HR about both Sandra and Gary. Both are counselled by HR and Gary is given a warning for his comment to Brian. Sandra and Gary are angry that Brian has made a complaint against them. When Gary accidentally bumps into Brian outside the workplace, he says “hey cry baby, maybe you should be in crèche with your kids, not here with the grownups”.

Sandra begins to closely monitor Brian’s arrival times and a written warning is issued to him for being late again a few days after the complaints to HR. Brian challenges the warning with HR but is told that his starting time has already been changed to assist him with his parental responsibilities and he is required to attend work on time.

Eventually Brian’s employment is terminated due to "chronic lateness".