KEY POINTS
- Tiisetso Moleme’s employer placed her on unpaid leave after she questioned the safety of working in the laboratories due to health concerns.
- According to the Labour Court, her employer neglected to secure proper advice from workplace health experts.
- The Labour Court ordered the company to compensate Moleme with 11 months’ wages and reimburse her legal fees.
The Labour Court of South Africa ordered a Pinetown company to pay a chemist R724,000 in damages after the company placed her on unpaid maternity leave for disclosing her pregnancy.
According to the ruling, Induradec Coatings Pty discriminated against Tiisetso Moleme by sending her out of the laboratory for no reason, not performing a health and safety check first.
Discrimination following the disclosure of pregnancy
Moleme began working in March 2023 and immediately raised concerns with her employer about exposure to Bisphenol A (BPA) during her pregnancy. She requested a transfer to a safer work area.
Rather than taking a formal risk assessment, Moleme’s manager provided her with a respirator and asked her to arrange confirmation from both her gynaecologist and general doctor. Both declined to handle the situation, saying it was important for an occupational health expert to assess the patient.
Despite her request, Moleme’s employer placed her on unpaid maternity leave during a meeting on May 11, 2023. After that, the company made it clear no research projects were open for her to transfer into.
Moleme was surprised when she got a WhatsApp message in January 2024 saying she was being accused of leaving work without permission. She made the decision to leave her job, telling us that she had sold her vehicle, given up her home and had to relocate to Johannesburg because of her financial issues.
The court said that it is illegal to discriminate against someone because of pregnancy.
The Labour Court found that the company needed to get an expert assessment of Moleme’s work environment, but failed to do so.
The judge went on to say that the respondent had not provided sufficient evidence to justify the move to extend Moleme’s maternity leave without pay.
The court gave Moleme R724,000 which equaled 11 months’ salary and determined Induradec Coatings would cover the fees for taking the case to court.
Workplace equality is inspired by past achievements
With this judgment, pregnant employees are more protected from pregnancy discrimination at work and companies must meet all their health needs fairly and legally.
