CNA Explains: What workers and bosses need to know about the dismissal of pregnant staff
CNA speaks to lawyers about how pregnant employees can protect themselves from wrongful dismissal and when an expectant staff member can be legitimately fired.
Employment law in Singapore protects pregnant employees from wrongful dismissal, according to recent rulings by the Employment Claims Tribunal (ECT). However, there are instances where an expectant mother may be legitimately dismissed. A recent ECT case resulted in a payout of S$19,800 to a woman who was wrongfully dismissed due to her pregnancy and subsequent maternity leave.
The tribunal found that the company's real reason for dismissal was her impending absence from work due to hospitalisation and maternity leave, which violated her rights under Singapore law.
An employee can be dismissed for genuine reasons unrelated to pregnancy, such as serious misconduct, poor performance, or redundancy. However, the employer must be able to substantiate any allegations with evidence. In cases of misconduct, the employer must conduct a due inquiry, provide the employee with a genuine opportunity to explain herself, and maintain proper documentation of the cause for dismissal and the inquiry process.
If a pregnant employee is dismissed without sufficient cause during her maternity leave or shortly before it ends, she is still entitled to maternity benefits. The Employment Act specifically prohibits dismissing a pregnant employee without just cause, unrelated to the pregnancy. If an employer alleges misconduct by a pregnant employee, the employee should ensure that the employer has conducted a proper due inquiry and keep clear records of all communications.
Seeking advice from a lawyer, union, or the Tripartite Alliance for Dispute Management (TADM) before resigning can help protect the employee's rights.
Written by urgent.news from Channel News Asia's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
