Dismissals related to pregnancy are considered automatically unfair in line with Section 187 of the Labour Relations Act 66 of 1995. The Labour Court has strengthened this position in the case of Brandt v Quoin Rock Wines C152/2021, where an employer had attempted to retrench an employee, who had returned from maternity leave, on the [...]
Section 25 of the Basic Conditions of Employment Act sets out the guidelines regarding maternity leave. A pregnant employee may commence maternity leave at any time from four weeks before the expected date of birth unless otherwise agreed or at any time a medical practitioner deems fit for health reasons of either the mother or [...]
In MIA v State Information Technology Agency (Pty) Ltd (D312/2012) (2015) ZALCD 20 the applicant, who was in a same-sex civil union, applied for maternity leave as per the employer’s leave policy. The applicant and his partner had entered into a surrogacy agreement and were awaiting their child. The application for maternity leave was [...]