DEPARTMENT CLOSURE’ IS NOT AN EXCUSE: A LANDMARK RULING PROTECTING PREGNANT EMPLOYEES
Jan
Date: 6.1.2025
This digital podcast examines a pivotal legal interpretation of Section 41A of the Employment Act 1955 following a notable Industrial Court ruling. The court clarified that pregnant employees enjoy robust job security and cannot be dismissed due to simple redundancies or the shutting down of a specific department. Instead, an employer must prove a total cessation of business operations or a complete winding-up of the legal entity to justify such a termination.
By adopting this strict definition, the court prevents companies from using internal restructuring as a loophole to bypass statutory protections. Ultimately, this ruling ensures that the law provides genuine protection for motherhood rather than allowing for cosmetic justifications for dismissal. Under current standards, only actual business closure or serious misconduct serves as a valid legal ground for ending the contract of a pregnant worker.
