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South Africa decisions
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Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 (7 May 2025)
Labour Court held that placing a pregnant employee on extended unpaid maternity leave without proper risk assessment was unfair discrimination.
Hannival v Yes Clothing CC t/a Ruby Yes (C74/2022) [2023] ZALCCT 69 (13 April 2023)
The Labour Court granted condonation for a late referral of an automatically unfair dismissal claim, finding the applicant and her attorneys acted diligently.
Brandt v Quoin Rock Wines (C152/2021) [2022] ZALCCT 66; (2023) 44 ILJ 309 (LC) (27 October 2022)
The court found that the applicant's dismissal was automatically unfair and directly related to her pregnancy and maternity leave. The respondent failed to provide substantive evidence that the dismissal was based on genuine operational requirements. The CEO's conduct, including anger at the applicant's maternity leave arrangements, removal of her access to work systems, and the timing of the retrenchment decision, demonstrated that the dismissal was not for permissible operational reasons. The applicant met her evidential burden, and the respondent did not discharge the onus to prove otherwi…
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M v Sandown Travel Kopanang (Pty) Ltd (J884-16) [2022] ZALCJHB 108 (25 May 2022)
The Labour Court held that KM’s retrenchment was automatically unfair because the evidence showed pregnancy was the likely reason she was not selected for a new role.
Bisschoff v Curro Holdings Ltd t/a Curro Academy Wilgeheuwel (JS 613/17) [2020] ZALCJHB 206 (11 September 2020)
The applicant failed to provide any explanation for the excessive delay in launching the condonation application, which is fatal to her case. The delay in filing the statement of case was adequately explained by her pregnancy and birth, but the subsequent delay in seeking condonation was not addressed. The applicant's prospects of success are weak, as she did not explicitly plead a dismissal or specify the date thereof, and her version is contradictory. The respondent's points in limine regarding CCMA jurisdiction and resignation were dismissed, but the lack of explanation for the delay and w…
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Mahlangu v Samancor Chrome Ltd (Eastern Chrome Mines) (JA117/2018) [2020] ZALAC 14; [2020] 8 BLLR 749 (LAC); (2020) 41 (ILJ) 1910 (LAC) (18 May 2020)
The Labour Appeal Court held that refusing a pregnant employee alternative work because of her second pregnancy in three years was unfair discrimination.
National Education Health and Allied Workers Union obo Nemahugani and Others v Limpopo Legislature (JS657/18) [2019] ZALCJHB 329 (20 November 2019)
The Labour Court dismissed NEHAWU’s condonation application for a late statement of claim, finding the supporting affidavit defective and the delay excessive and unexplained.
Impala Platinum Ltd v Jonase and Others (J698/15) [2018] ZALCJHB 276 (24 August 2018)
The Labour Court upheld an appeal against a CCMA award, finding no pregnancy discrimination and holding the commissioner went beyond the complaint.
Swanepoel v Laerskool Muldersdrift (JS369/16) [2018] ZALCJHB 127 (20 March 2018)
The Labour Court granted absolution from the instance in a pregnancy discrimination claim, finding no prima facie evidence that the applicant’s non-appointment was linked to pregnancy.
Van Wyk v AE and Underwriting Managers (Pty) Limited (JS68/10) [2017] ZALCJHB 460 (22 November 2017)
The Labour Court held that the applicant failed to prove she was dismissed, so her automatically unfair dismissal claim based on pregnancy failed.
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