M.J. Bale Axed Retail Boss on Maternity Leave, Now Faces Suit

Her claims include unlawful adverse action, discrimination based on family responsibilities and pregnancy, and breaches of national employment standards. Her salary of more than $250,000 ruled out a standard unfair dismissal claim, so she relies on general protections under the law.

She alleges the company did not follow the legal requirement to consult someone on parental leave before making them redundant. She also says the redundancy was not an operational necessity, and that she was not offered a comparably senior job even though new roles were created and filled during her leave.

The timeline she describes

Bartle, 43, joined M.J. Bale in 2019 and previously took maternity leave in 2021. She began her latest leave in March after the birth of her second child, Sofia. She started negotiating her return in July, with face-to-face meetings from August.

At one meeting she was told a company-wide operational review could affect her role. On September 9, the company confirmed a September 22 return date and unchanged pay. She agreed to a staged restart of three days a week, rising to four by October, then full-time for the November holiday shopping period.

On September 17, management told her the role was redundant. A formal redundancy letter was sent on September 21 but dated September 18.

Bartle claims the company then recast her August and early September return-to-work meetings as job "consultations", a legal step required to make someone on parental leave redundant. She also believes her flexible working requests played a part. M.J. Bale denies this.

After the redundancy, the company suggested she apply for a junior regional manager role, three levels below her executive status. Bartle says that failed the requirement to offer a comparable role. M.J. Bale said it was trying to explore redeployment options.

A company in expansion

Bartle has lodged a Fair Work Commission application ahead of court proceedings. Her claim says the business failed to honor a return-to-work guarantee for staff on parental leave.

The dispute comes as the Sydney-headquartered retailer expands. Its first overseas store is expected to open this month in London, near the Savile Row tailoring district, and it is eyeing a Vietnam office.

Founded in 2009, M.J. Bale employs nearly 400 full-time equivalent staff across 90 stores and dozens of department store concessions, according to its latest corporate regulator filings. In the 2025 financial year, net profit after tax grew 23 per cent to $4.35 million on $103.94 million in total revenue. Founder Matt Jensen is the largest shareholder.