An employer is prohibited from dismissing a pregnant employee from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work upon the expiry of her maternity leave if:
1. the employee has been employed under a continuous contract, and
2. she has served a notice of pregnancy to the employer.
If a pregnant employee is dismissed by her employer before she has served a notice of pregnancy, she may serve such notice immediately after being informed of her dismissal. Under such circumstances, her employer must withdraw the dismissal or the notice of dismissal.
However, the employer is not prohibited from dismissing a pregnant employee under the following circumstances :
* the employee is summarily dismissed due to her serious misconduct; or
* where it has been expressly agreed that the employment is on probation, the employee is dismissed for reasons other than pregnancy during the probation period of not more than 12 weeks.
Offences and Penalties
Except for the circumstances provided above, it is an offence for an employer to dismiss a pregnant employee. The employer is liable to prosecution and, on conviction, to a fine of $100,000. Besides, the employer is also required to pay the following sums of money to the dismissed employee within 7 days after the day of termination:
1. wages in lieu of notice;
2. a further sum equivalent to one month's wages; and
3. 10 weeks' maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
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