Employer fined Rs1.2mn for firing woman during maternity leave
- FOSPAH says order serves as a binding precedent for the private sector
FOSPAH fined a private organization Rs1.2 million for gender-based discrimination and psychological harassment after terminating a female employee during her approved maternity leave, setting a binding precedent.
- Landmark ruling on maternity leave discrimination.
- Employer's heightened duty of care for pregnant workers.
- Comprehensive corrective measures for workplace harassment.
The Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has fined a private organisation Rs1.2 million for “gender-based discrimination and psychological harassment” after it terminated a female employee during her approved maternity leave.
In a landmark ruling reinforcing legal protections for working women in Pakistan, the FOSPAH held the employer liable for systemic discrimination linked to the complainant’s pregnancy and maternity status. The order serves as a binding precedent for the private sector regarding pregnancy-related workplace harassment, the quasi-judicial body stated.
The complainant, an accountant, approached the ombudsperson after receiving a phone call from her employer during her protected maternity leave informing her that her services were being terminated, according to a press release issued by the FOSPAH. No formal termination order or written notice detailing the grounds for separation was provided, it added.
Following a thorough examination of witness testimonies and documentary evidence, FOSPAH determined that communicating termination to an employee on protected leave constitutes adverse treatment directly linked to her maternity status.
The investigation also uncovered a broader pattern of discriminatory treatment after the employee returned to work. The organisation failed to address her transportation concerns necessary for post-partum recovery despite being aware of her medical condition, delayed processing childcare-related documentation, and withheld her annual salary increment without explanation.
The federal ombudsperson concluded that employers bear a heightened duty of care toward pregnant and post-partum workers and must maintain a safe, dignified, and discrimination-free environment.
Alongside the Rs 1.2 million penalty, the organisation has been ordered to implement comprehensive corrective measures under the Protection Against Harassment of Women at the Workplace Act, 2010. The company must ensure all future communications affecting employees on maternity leave are conducted strictly through formal written channels and is explicitly prohibited from taking any retaliatory action against the complainant.
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