Asia: Employment and HR

In a recent ruling, the Division Bench of the Bombay High Court, Nagpur Bench (“Bombay HC”) in Dr. Meenakshi Muthiah v. State of Maharashtra1, observed that the right to maternity leave is an integral facet of a woman’s fundamental right to life under Article 21 of the Constitution of India,1950 (“Constitution”) and cannot be curtailed by service bonds, contractual obligations, or administrative instructions. The Bombay HC emphasised that maternity leave cannot be treated as a break in service and that penalising a woman for availing maternity leave would undermine the dignity of motherhood and the constitutional mandate of social justice.

The labour law framework in India was formed during the colonial and early post-independence period. These laws were designed with an intent of the early twentieth century where factories were the driving force.

The New South Wales Civil and Administrative Tribunal (NCAT) has awarded $55,000 in compensation to a worker who was discriminated against on the grounds of her disability.