In a landmark decision upholding the rights of working women, the Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has ruled that dismissing a woman during her maternity leave constitutes gender-based discrimination, imposing a fine of Rs1 million on a private IT company.
The ruling followed a complaint lodged by Zainab Zahrah Awan, who was terminated in April 2024 while on duly approved maternity leave. The Ombudsperson found that her dismissal violated the Protection against Harassment of Women at the Workplace Act, 2010, as well as fundamental constitutional rights enshrined in Articles 14, 25, and 37 — safeguarding dignity, equality, and the protection of motherhood.
Under the decision, FOSPAH ordered that Rs800,000 be paid to the complainant as compensation and Rs200,000 deposited into the national treasury. The Ombudsperson also declared the termination letter null and void, reinstating Awan to her previous position.
In her detailed judgment, the Ombudsperson stressed that maternity protections are “non-negotiable and inviolable rights,” reaffirmed by Pakistan’s commitments under international instruments such as CEDAW, ICESCR, and ILO conventions. “Safe motherhood is not a favour; it is a fundamental right. No woman should be forced to choose between her career and motherhood,” the Ombudsperson stated.
The ruling sets a significant precedent for workplace gender equality in Pakistan and calls upon all public and private organisations to implement comprehensive maternity and anti-discrimination policies in line with constitutional and international obligations.
Source: The News