Private employers in Pakistan face a new warning after the Federal Ombudsperson for Protection Against Harassment (FOSPAH) fined a company Rs 500,000 and ordered the reinstatement of a woman who was dismissed during her approved maternity leave. The decision, announced on Tuesday, confirms that the employer’s action violated the Protection Against Harassment Act, which safeguards employees from discrimination and unfair treatment in the workplace.
The case involved a female staff member who had been granted maternity leave in accordance with company policy and national labour regulations. While she was away, the employer terminated her contract, citing reasons that the Ombudsperson deemed unfounded and discriminatory. The fine and reinstatement order underscore that termination during a protected leave period is illegal under the Act.
Legal Framework
FOSPAH is the government body tasked with enforcing the Protection Against Harassment Act, a law enacted to prevent harassment and discrimination in all employment settings. The Act specifically protects employees from dismissal or adverse action related to pregnancy, maternity leave, or any other protected status. In recent years, the Ombudsperson has taken a proactive stance, issuing penalties and corrective orders against firms that violate these provisions.
The Rs 500,000 penalty is one of the heftier fines imposed in recent cases, signaling a tightening of enforcement. It also serves as a deterrent, reminding private sector employers that compliance with labour protections is not optional but mandatory. Companies that fail to adhere to the Act risk not only financial penalties but also reputational damage and potential legal challenges from affected employees.
The ruling sends a clear message to the corporate community: legitimate reasons for maternity leave cannot be used as a pretext for dismissal. Employers must review their policies, ensure proper documentation, and train managers on the legal obligations under the Protection Against Harassment Act. As more workers come forward with complaints, FOSPAH’s active role may lead to further enforcement actions, reinforcing the need for a workplace culture that respects and protects employee rights.