Two Auckland women have been awarded compensation and lost wages of nearly $36,000 and $22,000 when their employers fired them after having been advised that the women were pregnant. 

The first woman was demoted from her role as general manager a week after telling her employer that she was pregnant.  A month later she was fired, on the premise that she had lied about her hours of work.  She was later awarded nearly $36,000 in lost wages and compensation by the Employment Relations Authority.

The second woman was fired a couple of weeks after telling her employer that she was pregnant.  The employer claimed that she had not provided proof of her ability to work in New Zealand, however it came to light that her employer had not been paying her PAYE and fired her to avoid her making a claim to the Inland Revenue department for maternity leave.  The Employment Relations Authority said she had been humiliated by being called a liar and a fraud, and awarded her more than $22,000 in compensation.

Firing women because they are pregnant is sexual discrimination under the Employment Relations Act, and is also a breach of the Human Rights Act.  Under both these Acts no one can be discriminated against because of their sex, which includes pregnancy and child birth. 

If you suspect an employee is pregnant, or she advises that she is, it could be a very costly mistake if you fire them for that reason, or create another reason to fire them.

Whenever you plan to take action to terminate employment it is worthwhile calling an experienced employment lawyer for a brief initial discussion to find out generally where you stand.  Firms such as Rainey Collins provide a free Helpline for initial discussions about employment issues, and it always pays to take a few minutes to clarify your position.

For additional information on Maternity Leave see our free download in the Downloads section under Your Resources.