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South Africa decisions
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Ekurhuleni West College v Education Labour Relations Council and Others (JA55/2016) [2017] ZALAC 75 (30 November 2017)
The Labour Appeal Court upheld a finding that a temporary lecturer reasonably expected renewal of her fixed-term contract after being asked to arrange maternity leave.
Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd (JS706/14) [2017] ZALCJHB 404; [2018] 1 BLLR 52 (LC); (2018) 39 ILJ 415 (LC) (7 November 2017)
The Labour Court held that a maternity policy requiring extended unpaid leave where no suitable alternative work was available did not unlawfully discriminate.
MIA v State Information Technology Agency (Pty) Ltd (D312/2012) [2015] ZALCD 20; 2015 (6) SA 250 (LC); [2015] 7 BLLR 694 (LC); (2015) 36 ILJ 1905 (LC) (26 March 2015)
The Labour Court held that denying paid maternity leave to a commissioning parent in a surrogacy arrangement was unfair discrimination and ordered two months' salary.
Monawu v JDG Trading (Pty) Ltd t/a Hi-Fi Corporation (JS613/08) [2014] ZALCJHB 503 (8 December 2014)
The court found that the applicant failed to establish a necessary connection between her pregnancy or a pregnancy-related condition and the reason for her dismissal. The medical certificate explaining her absence was only received by the employer after the disciplinary hearing had already taken place. There was insufficient evidence to support the applicant's claim that the employer was aware of her pregnancy-related illness at the time of dismissal or that any communication regarding her condition reached the relevant decision-makers. The dismissal was based on unauthorised absenteeism, not…
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South African Medical Association obo Meyer and Others v University of Limpopo (J825/11) [2012] ZALCJHB 43; (2012) 33 ILJ 2954 (LC) (17 May 2012)
The court found that the applicants' entitlement to paid maternity leave was a contractual right incorporated in their employment contracts and the University's conditions of service. The University unilaterally amended this entitlement to unpaid leave without the applicants' consent, which constituted a breach of contract. The University's reliance on section 34(3) of the Higher Education Act and collective bargaining through the Joint Bargaining Forum was rejected, as the applicants and their union were not parties to the process and did not mandate representation. The Labour Court has juri…
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Niewoudt v All-Pak (D749/06) [2009] ZALCD 33 (14 January 2009)
The Labour Court held that Ms Niewoudt was an employee, not an independent contractor, and that her dismissal because of pregnancy was automatically unfair.
Niewoudt v All-Pak (D749/06) [2009] ZALC 237 (14 January 2009)
The court found that, despite the parties' intention for Ms Niewoudt to be engaged through a labour broker or as an independent contractor, the arrangement did not materialize. Ms Niewoudt rendered personal services directly to the respondent, was under its control, and was financially dependent on it. The respondent determined her working hours, provided her with tools and a workplace, and made statutory deductions from her salary. The multifaceted test and the dominant impression from the facts indicated that Ms Niewoudt was an employee. The court further found that her dismissal was direct…
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De Beer v SA Export Connection CC t/a Global Paws (JS270/06) [2007] ZALC 104; [2008] 1 BLLR 36 (LC); (2008) 29 ILJ 347 (LC) (31 August 2007)
Labour Court found a dismissal automatically unfair where an employee was terminated after seeking more maternity leave for ill newborn twins.
Mnguni v Gumbi (JS 919/02) [2004] ZALC 24; [2004] 6 BLLR 558 (LC); (2004) 25 ILJ 715 (LC) (1 March 2004)
The court found that the applicant was dismissed by the respondent for reasons related to her pregnancy, constituting an automatically unfair dismissal under section 187(1)(e) of the Labour Relations Act. The respondent's conduct on 17 March 2002, including pushing the applicant out of the workplace and replacing her immediately, demonstrated a lack of procedural and substantive fairness. The respondent failed to consult with the applicant regarding her maternity leave or provide a fair hearing prior to dismissal. The evidence of the respondent and his witness was rejected as lacking credibil…
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Strauss v Paracon SA (Pty) Limited (JS1241/01) [2003] ZALC 24 (28 February 2003)
The Labour Court found Ms Strauss’s dismissal automatically unfair after she was pressured out following a grievance and CCMA referral, and awarded compensation.
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