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The Federal Ombudsperson for Protection against Harassment of Women at Workplace (FOSPAH) has issued a landmark decision, ruling that firing a woman during maternity leave amounts to gender-based discrimination. The ruling fined the private company Embrace IT Rs1 million and ordered the reinstatement of the affected employee.
The case was filed by Zainab Zahrah Awan, who was dismissed in April 2024 while on officially sanctioned maternity leave. In her judgment, the Ombudsperson stated that such termination violates the Protection against Harassment of Women at the Workplace Act, 2010, and breaches constitutional guarantees of dignity, equality, and protection of motherhood under Articles 14, 25, and 37 of the Constitution.
Under the ruling, FOSPAH directed the company to pay Rs800,000 in compensation to the complainant and deposit Rs200,000 into the national treasury. The termination letter was declared null and void, restoring Ms. Awan’s employment status.
In her detailed remarks, the Ombudsperson emphasized that maternity protections are fundamental, reinforced by Pakistan’s commitments under international conventions such as CEDAW, ICESCR, and ILO agreements. She noted, “Safe motherhood is not a favour but a fundamental right,” stressing that no woman should have to choose between her career and motherhood.
