SINGAPORE, Sept 22 — A woman who was wrongfully dismissed after becoming pregnant and planning to take maternity leave has been awarded S$19,800 (RM63,300) by the Employment Claims Tribunal.
The award, equivalent to six months of her gross pay, was reported by CNA, which cited the tribunal’s judgment.
The woman, identified only as C, had received a positive performance assessment before giving birth but was not given a salary increment and was later told she did not fit into her new boss’ vision for the team.
She joined the unnamed company as an executive in April 2021 and told the new director, identified as EC, in April 2023 that she was pregnant and due to give birth in October.
Her performance was rated “excellent” in July that year by another director, while EC also agreed that her performance was good.
C was hospitalised in September 2023 at 36 weeks pregnant due to pregnancy complications and high blood pressure, and remained on hospitalisation leave until she gave birth.
The tribunal found that EC had already formed the intention to end her employment after her maternity leave when the director spoke to another senior colleague about C in September.
During a phone call on Oct 4, EC told C that she did not fit into his new vision for the team and said it would be “cleaner to terminate after the maternity”, while indicating that she could potentially return under new expectations.
C gave birth on October 11 and began her maternity leave, which was due to end on January 25, 2024, but resigned in December and later claimed she had been forced to leave while on maternity leave.
Tribunal magistrate Lee Li Choon found there was no pressing reason for the company to make the call about C’s plans and rejected its explanation that it was made in good faith to clarify whether she intended to take sabbatical leave.
Lee found that the actual reason for the intended dismissal was C’s impending absence due to hospitalisation and maternity leave, both of which were employment rights and entitlements.
She said dismissing C for exercising those rights amounted to wrongful dismissal and discrimination based on her pregnancy and maternity leave.
Lee awarded C the maximum three months of gross pay, amounting to S$9,900, plus another S$9,900 for the harm caused and aggravating factors, saying she had been informed of the impending termination in a “degrading and deeply insensitive” manner.