A former graphic designer has launched legal action against wellness technology company Bon Charge, claiming she was unlawfully dismissed while pregnant after challenging criticism of her work.
Bon Charge, founded in Perth in 2017 by husband-and-wife team Andy and Katie Mant, is facing Federal Court proceedings after terminating Kimberly Cruz when she was six months pregnant. Both founders have appeared on Forbes’ 40 Under 40 list.
The company markets products designed to support sleep, recovery and beauty. It is best known for red-light therapy panels and blue-light-blocking glasses, which are sold in 137 countries.
In her Federal Court claim, Ms Cruz alleges she was dismissed because she exercised workplace rights or, alternatively, because she was pregnant.
The case follows a separate Fair Work Commission (FWC) matter brought by former Bon Charge marketing chief Zoe Phillips-Price, after the company lost an application for costs three months ago.
Court documents filed last month state that Ms Cruz joined Bon Charge in April 2025 as a casual employee before moving to a permanent contract in September. She became pregnant in or around August.
By November, Ms Cruz was three months pregnant and her pregnancy had become ‘visibly apparent’ in the workplace, according to her filing.
On November 7, she was called to a meeting with Bon Charge co-founder Katie Mant, creative director Marco Niefer and then head of content Eleanor Hoath.
Former graphic designer Kimberly Cruz (pictured) alleges Bon Charge unlawfully dismissed her after she exercised workplace rights or because she was pregnant
Bon Charge was established in Perth in 2017 by married couple Andy and Katie Mant
During the meeting, Ms Mant reportedly voiced dissatisfaction with the recent direction of the company’s social media content. Ms Cruz responded that she had been following instructions from Mr Niefer, her court filing states.
Ms Cruz alleges that Mr Niefer and Ms Mant then criticised aspects of her work, including matters she says were either dictated by Mr Niefer or outside her control.
At a follow-up meeting on November 26, Mr Niefer allegedly told Ms Cruz that her ‘energy seemed off’ and that she was ‘working too slowly’, according to the court documents.
Ms Cruz rejected the performance concerns, arguing that she had completed her responsibilities properly. She claimed any delays were caused by factors beyond her control, including slow feedback from Mr Niefer and unclear review procedures.
She also alleged that she often had to ‘substantially amend and refine’ work produced by other people, including content generated using artificial intelligence.
Ms Cruz said clearer instructions, timely feedback and a proper review system would have enabled her to work more efficiently.
According to the documents, Mr Niefer acknowledged her concerns and said he would address them, but Ms Cruz alleges that he did not do so.
Ms Cruz further claims that, apart from the issues raised during those two meetings, she was never formally warned, given written details of alleged performance problems, placed on a performance improvement plan or told that her job was in jeopardy.
The Daily Mail reported in August that former Bon Charge CMO Zoe Phillips-Price had brought a general protections claim against the company before the Fair Work Commission
Court documents allege Bon Charge creative director Marco Niefer told Ms Cruz on February 5 that her employment was ending
Ms Cruz had previously been praised for her work on the Red-Light Therapy Report project
Instead, the filing says, the feedback Ms Cruz received was positive. During a team work-in-progress meeting in late January, Mr Niefer reportedly said her work was ‘way better’ and had a ‘stronger, more refined style’ than an earlier draft produced by an external agency.
Mr Niefer had also previously praised Ms Cruz’s contribution to the Red-Light Therapy Report project.
The day before she was dismissed, Mr Niefer allegedly complimented her January output, saying it included ‘over 100 social posts’.
The following day, February 5, Ms Cruz attended a meeting with Mr Niefer and Bon Charge chief marketing officer Steffen Daleng.
At that meeting, Mr Niefer raised concerns about Ms Cruz’s ‘working speed’, alleged mistakes and problems with misalignment.
Ms Cruz’s filing says it was the first time she had been told about alleged misalignment or typographical errors.
She responded that she had been ‘pumping the work out’ and that the previous two months had been ‘particularly busy periods’.
Ms Cruz also argued that any decline in her output reflected the reduced amount of work assigned to her, rather than ‘any inability or unwillingness to perform my role’.
According to her filing, she told the meeting: ‘We have never had a conversation indicating I was performing poorly.’
Mr Niefer then told Ms Cruz that her employment was being terminated. She responded by revealing that she was pregnant.
Court documents state that Ms Cruz told those at the meeting: ‘I’m six months pregnant and no one will hire me at this size.
‘If you know anyone in your networks of anyone that may need help, please keep me in mind’.
Neither Mr Niefer nor Mr Daleng appeared surprised by the disclosure or asked questions, according to the documents.
Ms Cruz alleges that both men already knew about her pregnancy when the meeting took place.
Bon Charge sells products including red-light therapy panels and blue-light-blocking glasses in 137 countries. Shown is a stock image of a red-light therapy mask
After losing her job, Ms Cruz learned that other employees had known she was pregnant before she officially disclosed it, the court documents say. On the day of her dismissal, the company’s office manager allegedly said she ‘could tell’ because Ms Cruz had ‘been coming to work covered up’.
Bon Charge’s marketing compliance officer also allegedly said she had ‘had a feeling for some time’.
Two days later, on February 7, senior Bon Charge executive Andrew Harris sent Ms Cruz a LinkedIn message saying he had suspected she was pregnant since November.
Ms Cruz claims she has suffered ‘extensive harm and damage’, including injury to her professional and personal reputation, career, standing and income.
She says she had no pre-existing health conditions before joining Bon Charge but now experiences adjustment disorder, anxiety and depression.
The documents state that her symptoms include hair loss, sleep deprivation, shakiness, a severe loss of confidence and self-esteem, as well as feelings of despair, hopelessness and worthlessness.
Bon Charge has not yet filed a defence to Ms Cruz’s statement of claim and has been ordered to do so by November 27.
The allegations have not been tested in court, and both sides have been directed to attend mediation on December 1.
Ms Cruz is represented by employment law specialist Michael Harmer, chairman of Harmers Lawyers, who also acted for Bon Charge’s former chief marketing officer, Zoe Phillips-Price.
The Daily Mail reported in August that Ms Phillips-Price had filed a general protections claim against Bon Charge with the FWC.
In the claim, which has since been discontinued, Ms Phillips-Price alleged that she had been forced to resign and that Bon Charge failed to ‘provide a safe system of work’ or manage ‘psychosocial risks’.
During those proceedings, Ms Phillips-Price assembled a dossier of evidence that included witness statements from six former employees.
In December 2025, Ms Phillips-Price’s lawyers discontinued the FWC case, citing an intention to take the matter to the Federal Court. The Daily Mail has sought clarification about whether that action was ultimately filed.
Bon Charge did not respond to requests for comment.