In a significant move to uphold workplace rights, the Federal Ombudsperson for Protection against Harassment (FOSPAH) has penalised a private company with a fine of Rs 1.2 million for the unlawful termination of a female employee.
The ruling, delivered by the Federal Ombudsperson, serves as a reminder to organisations that discriminatory practices against women during maternity leave will not be tolerated under the law.
The case centred on an employee working within the firm’s accounting department. According to the findings released by FOSPAH, the woman’s services were abruptly ended via a phone call while she was currently on approved maternity leave. The dismissal compelled the employee to launch a case against the company with FOSPAH, which ultimately determined that the organisation’s actions were both legally and ethically indefensible.
The detailed decision underscored that terminating an individual’s employment during such a vulnerable period constitutes harmful conduct. It was further classified that the dismissal was a clear case of gender discrimination and psychological harassment.
By removing a woman from her position during her maternity leave, the employer failed to uphold the fundamental legal protections designed to ensure workplace equality. The ruling emphasised that maternity leave must never be utilised as a pretext for adverse employment decisions, nor should it impact an individual’s security of tenure.
Beyond the substantial financial penalty, the ombudsperson has mandated that the private institution implement comprehensive corrective measures to prevent a recurrence of such violations. Critically, the organisation has been ordered to refrain from any form of retaliatory action against the complainant.
