FOSPAH orders that Rs 800,000 be paid to the plaintiff as compensation and Rs 200,000 be deposited in the national treasury
Federal Ombudsman for the Protection against Harassment of Women at Work Fauzia Viqar
In a ground-breaking ruling that strengthens the protection of women workers across Pakistan, Federal Ombudsman for Protection against Harassment of Women in the Workplace (FOSPAH) Fauzia Viqar held that dismissing a woman during her maternity leave constitutes gender discrimination, imposing a fine of one million rupees on the private IT company.
“Motherhood should never become an obstacle to a woman’s career,” said Fauzia Viqar.
The order came in response to a complaint filed by Zainab Zahrah Awan, who was fired in April 2024 while on duly authorized maternity leave. The Ombudsman ruled that such dismissal not only violates the Protection against Harassment of Women in the Workplace Act 2010, but also violates fundamental constitutional rights, including dignity, equality and protection of maternity, enshrined in articles 14, 25 and 37 of the Constitution.
“Safe motherhood is not a favor, it is a fundamental right. No woman should be forced to choose between her career and motherhood,” said the Ombudsman, reaffirming that all employers must uphold the dignity and equality of women in the workplace.
FOSPAH ordered that Rs 800,000 be paid to the plaintiff as compensation and that Rs 200,000 be deposited in the national treasury, declaring the dismissal letter void and restoring the plaintiff’s employment status.
In her detailed ruling, the Ombudsman highlighted that maternity protection is a non-negotiable and inviolable right, backed by Pakistan’s commitments under international instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights. (ICESCR) and conventions of the International Labor Organization (ILO).
The decision sets an important precedent for women’s rights in the workplace in Pakistan, underlining that any dismissal during maternity leave is illegal and amounts to gender discrimination.
The Ombudsman further urged all public and private organizations to adopt and implement comprehensive maternity and anti-discrimination policies in accordance with the Constitution and Pakistan’s international obligations.
