The Durban Labour Court has found that Induradec Coatings (Pty) Ltd unlawfully discriminated against an employee by placing her on unpaid maternity leave.
Judge K Allen-Yaman awarded Tiisetso Kefilwe Daisy Moleme compensation amounting to R724,086, equivalent to 11 months' salary, after determining that Induradec had failed to explore reasonable workplace accommodations as required under South African labour law.
Moleme informed her employer of her pregnancy in March 2023, citing concerns about exposure to hazardous chemicals in the workplace. While Induradec initially agreed to move her out of the laboratory, she was left without work-related duties in a temporary office.
The court highlighted that under the Basic Conditions of Employment Act and Employment Equity Act, employers are legally required to offer alternative work arrangements to pregnant employees when health risks are present.
Despite medical recommendations that an Occupational Health and Safety evaluation be conducted to assess the feasibility of Moleme continuing her employment, Induradec opted to place her on unpaid leave from 16 May 2023, citing a lack of available work. The court ruled that the company had failed to conduct the necessary risk assessment, thereby violating its legal obligations.
Employer’s oversight deemed discriminatory
During the trial, evidence revealed that although Induradec based its decision on a health safety advisory, it failed to investigate whether Moleme’s work conditions could be adjusted to ensure her safety. The judge determined that this oversight constituted unfair discrimination based on pregnancy, reinforcing the importance of workplace compliance with maternity protections.
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