CNA Explains: What workers and bosses need to know about the dismissal of pregnant staff

Singapore law protects pregnant employees from wrongful dismissal, but there are exceptions. According to the Employment Act, an employer cannot terminate a pregnant employee without a just cause unrelated to her pregnancy or maternity leave, provided she has worked for at least three months.

In a recent case, an Employment Claims Tribunal awarded S$19,800 to a woman dismissed because of her pregnancy and maternity leave. The tribunal found that the company's real reason for dismissal was her impending absence due to hospitalisation and maternity leave. Such dismissals are considered wrongful if the real reason is pregnancy, maternity, or an employee's exercise of maternity-related employment rights.

A dismissal can be considered wrongful if the employer can prove that the stated reason is real, objectively supported, and unrelated to the pregnancy or maternity leave. Examples of such dismissal include serious misconduct, poor performance, or redundancy.

If an employer wishes to dismiss a pregnant employee without notice for misconduct, they must conduct a due inquiry, providing the employee with a genuine opportunity to explain herself. Proper documentation and evidence of the cause for dismissal and the inquiry process are crucial.

During maternity leave, an employer cannot give notice of dismissal. If a dismissal occurs during or after maternity leave, the employer must show sufficient cause for termination. This applies even if the employer claims redundancy or business reorganisation. The employee must also challenge the dismissal if it is wrongful, particularly if the employer alleges misconduct.

Employees should keep records of important conversations, such as performance appraisals and emails, and seek legal advice before resigning. If an employer suddenly raises performance concerns or suggests termination, the employee should ask for reasons in writing.