Court rules in favour of pregnant employee forced to take early maternity leave

A PAINT company, which was found to have discriminated against a pregnant employee who worked for it by placing her on unpaid maternity leave months before she was due to go on leave, was ordered to pay her 11 months’ back pay.

- ZELDA VENTER

The woman turned to the Durban Labour Court, where she sued her now former employer under the Employment Equity Act and the non-compliance with the Basic Conditions of Employment Act.

She was employed by the company as a chemist, and her duties included aspects of both research relating to the development of products for the employer, a chemical coating company.

Having fallen pregnant some 12 weeks earlier, she notified her employer of her pregnancy in March 2023. She was concerned about continuing to work in the laboratory, which would expose her to certain chemicals.

She requested to be moved out of that environment, and she was moved to another office, but for two months, she was assigned no duties.