Company That Forced A Woman To Resign When She Got Pregnant Ordered To Pay Over RM63,000

An employment tribunal found that the woman was effectively pushed out because she was going on maternity leave, despite having received a good performance appraisal shortly beforehand.

Enlarge text
Cover ImageCover image via The Straits Times

Follow us on InstagramTikTok, and WhatsApp for the latest stories and breaking news.

A woman has been awarded SGD19,800 (about RM63,300) by Singapore's Employment Claims Tribunal after it found that her dismissal was wrongful and discriminatory

The woman, identified only as C, had worked as an executive at the unnamed company since April 2021.

She told a new director, identified as Mr EC, that she was pregnant in April 2023 and was due to give birth in October.

Just a few months later, her performance was assessed positively.

A director who was present at C's July 2023 performance appraisal described her performance as "excellent" and said she had "an impressive ability to take on multi-disciplinary projects that are outside of her niche".

Mr EC also agreed that her performance was good.

But in September, while C was 36 weeks pregnant and had been hospitalised because of pregnancy-related complications, she was told that Mr EC was not keen to have her return to work, according to CNA.

C subsequently had a phone call with Mr EC on 4 October, during which he told her that he did not think she fitted his vision for the team.

He also said he would prefer to terminate her employment after her maternity leave.

According to the tribunal, the woman's pregnancy and maternity leave were the real reason behind her dismissal

C's employer argued that Mr EC had been trying to clarify her plans because she had previously discussed possibly taking sabbatical leave after giving birth.

But tribunal magistrate Lee Li Choon found that there was no pressing reason for the company to dismiss her and that the decision was not made in good faith.

The tribunal found that by September 2023, Mr EC had already formed the intention to terminate C's employment after her maternity leave.

This was despite C having received a good performance assessment shortly before.

The tribunal found that the real reason for the intended dismissal was C's impending absence from work because of her hospitalisation leave and maternity leave.

Both were employment rights and entitlements, and dismissing her for exercising those rights amounted to wrongful dismissal, Lee said.

The tribunal also found that this amounted to discrimination against C because of her pregnancy and maternity leave.

The woman had also not received a salary increment that was due in July 2023, despite receiving a good performance grading, while other employees received increments.

After her forced resignation, she tried to find another job offering similar flexibility because of her circumstances as a new mother, but was unable to find such opportunities within the small industry.

The tribunal said C had effectively been given the message that she was "not worthy of continued employment simply because she was giving birth and going on maternity leave".

SAYS.com
Image via Chassenet/BSIP/AFP

The tribunal awarded C SGD9,900, equivalent to three months of her gross salary, for the wrongful dismissal

It also awarded another three months' pay for the harm caused to her and aggravating factors, bringing the total compensation to SGD19,800.

That works out to roughly RM63,300 based on the current exchange rate.

The tribunal said the manner in which C was informed about her impending termination was "both degrading and deeply insensitive", adding that it would have caused her significant anxiety about her financial situation and job security during an exceptionally vulnerable period.

CNA reported that parties in Employment Claims Tribunal judgments are usually not named because the hearings are conducted privately.

Read more trending stories on SAYS

You may be interested in: