Key Points
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Durban paint company maternity discrimination case moves to appeal.
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Chemist awarded over R700,000 for early unpaid maternity leave.
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Court found discrimination, but company claims it acted in good faith.
The Labour Court recently ruled that Durban-based Induradec Coatings unfairly discriminated against a pregnant employee, Tiisetso Daisy Moleme.
The court found that the company sent her on unpaid maternity leave three months early without valid justification.
Moleme worked as a chemist at the company, where her role involved product development and chemical research.
Upon learning she was pregnant, she raised concerns about exposure to potentially harmful substances. She requested reassignment to safer duties.
Although she was promised alternative tasks, none were provided. Instead, the company placed her on unpaid maternity leave. They claimed the move was for her and her unborn child’s wellbeing.
The court disagreed. It found that the company’s decision was discriminatory based on pregnancy.
While the court noted there was no malicious intent, it concluded that the employer failed to prove the early leave was necessary.
Durban paint company appeals Labour Court ruling
Despite the ruling, Induradec Coatings has filed for leave to appeal. The company disputes several elements of the judgment, including the conclusion that it acted unfairly.
In its application, the firm argued that Moleme herself requested removal from the lab due to health concerns.
The company questioned how this could be considered discrimination, given the absence of any request to return to her role.
Additionally, Induradec challenged the compensation amount. The court awarded Moleme R724,000—roughly 11 months’ salary.
The company contended that this was excessive, especially since she was just three months away from standard maternity leave and would have relied on UIF thereafter.
Key questions remain in maternity discrimination case
The company also argued the court ignored key facts. It emphasized that it made decisions in what it believed were the best interests of the employee and her unborn child.
It claims the court overlooked the context behind Moleme’s reassignment and the complexity of managing her work environment.
As the Durban paint company maternity discrimination case heads to appeal, it raises broader concerns about workplace rights for pregnant employees.
Legal experts say the appeal may set an important precedent for how companies handle maternity-related health risks and compensation disputes.
The case has sparked national attention, with many watching closely how the courts will balance health protections with labor rights in future rulings.
