EMPLOYERS cannot prescribe how often and when a female emoloyee should get pregnant. However, in the case of Nikita Twitchen from the UK, the opposite happened.
Twitchen has been granted about R630 000 payout after she was fired her for falling pregnant again while on maternity leave.
The 27-year-old woman was preparing to return to her job after having a baby when she discovered that she was pregnant again.
Her manager at First Grade Projects dismissed her from work before she returned. He was unhappy that she had to go on another 36-week maternity leave.
However, Twitchen took the matter to an employment tribunal, where Judge Robin Havard ruled that she was unfairly dismissed.
The tribunal heard that Twitchen fell pregnant and took maternity leave in June 2022. After eight months, she had a meeting with her manager, during which Twitchen revealed she was eight-weeks pregnant.
Days later when she was due to resume work, the manager messaged her saying “it’s best to leave it until you have your routine in place”.
He later claimed that a new software was being installed, meaning her role would no longer exist, the UK’s Daily Mail reported.
However, in court, Judge Havard found that Twitchen was dismissed because she was pregnant.
We spoke to at least three women regarding this matter, and all of them felt Twitchen was unfairly discriminated against by the employer.
“Look, when you employ a woman, you should know she may get pregnant at some point – and she can get pregnant as many times as she wants to. This does not in anyway determine her suitability for the job,” Felicia Ndlovu of Pretoria said.
Another, who preferred not to be named, said she faced a similar predicament at a reputable company in Sandton, where the employer made it clear “you get pregnant at own risk, and that your job cannot be guaranteed when you return”.
According to Ele Masia, Twitchen and other women in her position should be granted a right to choose when to get pregnant. In fact, their pregnancy has nothing to do with the emoloyer, she added.
In South Africa, the Constitution protects the right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction, and gives every person the right to health services, including reproductive health care.
It further states that no person may be discriminated against or dismissed on account of pregnancy.
Employers are required to provide and maintain a work environment that is safe and without risk to the health of employees. This includes risks to the reproductive health of employees.
