The Employment Act establishes the rights and obligations of employers and employees in The Bahamas, specifically related to hours of work, overtime, leave, redundancy payments, notice of termination, summary and unfair dismissal, child labor, and wages. This Act prohibits workplace discrimination on the basis of sex, among other criteria, and requires employers to provide equal pay for substantially similar work.
In this case, the High Court reviewed claims regarding the termination of a woman's employment as a secretary. Her employment was terminated on November 30, 2021, with the employer citing economic hardship. The woman claimed that her termination was related to her pregnancy, and that the employer had failed to provide the full statutory period of maternity leave.
The Gender Equality and Women’s Empowerment Act of 2022 prohibits gender discrimination in the workplace, supports increased participation in decision-making, training, and access to financial institutions in Sierra Leone. Part III, Section 4(5) requires a paid maternity leave of at least 14 weeks for women. Part III, Section 5 of the Act also includes a goal to increase participation by women in the government to at least 30%.
The Labour Act was originally enacted in 2007 and was repealed and replaced with the modernized Labour Act of 2023. The Act regulates employment relationships in The Gambia, prohibits gender-based discrimination in the workplace, and ensures parental leave benefits. The Act also prohibits the requirement of night work for pregnant individuals and new mothers, unless they explicitly consent to the work.
Adequate and sufficient maternity leave, coupled with appropriate accommodations on return to work, are essential to women’s physical and psychological wellbeing after giving birth. This memorandum outlines the international and regional framework relating to maternity benefits and provides country illustrations of best practices from Sweden, Croatia, Chile, South Africa, and Vietnam.
Judgment T877/07 Action for the Payment of Maternity Leave, Constitutional Court of Colombia (2007)
File T-1644821
