Latest news with #DurbanLabourCourt
IOL News
21-05-2025
- Business
- IOL News
Labour Court rules in favour of pregnant employee in discrimination case against paint company
The Labour Court has determined that a paint company, which placed a pregnant worker on early pregnancy leave as she could no longer work among the paint chemicals, and it had no other work for her, discriminated against her. Image: File 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. Daisy Moleme 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. Moleme was employed by Induradec Coatings as a chemist, and her duties included aspects of both research relating to, as well as the development of products for the employer, a chemical coating company. Having fallen pregnant some 12 weeks earlier, Moleme 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. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading 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. This was after her manager had agreed that she would be provided with a computer to enable her to carry out such limited functions as she was able to while she was away from the laboratory. The company, meanwhile, tried to obtain professional guidance as to how to handle Moleme's situation, as the paint company uses a variety of raw materials in the chemical makeup of its products, and it feared that this could affect the unborn baby. All safety data sheets were available, but the literature does not specify pregnant persons; it said. In May 2023, the company told Moleme that she was placed on early maternity leave without pay, as it was unable to use her. She was also told by her manager that the company was 'not getting value for money' at that stage, as she had fallen pregnant. The court acknowledged that the company did obtain expert opinions on how to handle Moleme's situation. It was advised to accommodate her elsewhere in the company, but it did not do so. It also accepted that by placing her on unpaid maternity leave, the decision was not made with deliberate intent to discriminate against her on account of her pregnancy. But, the court said, the failure to utilise her services outside of the laboratory evinced complete indifference not only to its legal obligations but also to the negative consequences which would inevitably and foreseeably befall the applicant by being deprived of the ability to earn her salary. 'It can further not be doubted that whilst on maternity leave, whether paid or not, pregnant employees by virtue of their absence from the workplace in certain instances invariably lose out on advantages of being at the workplace, such as bonuses, promotions, and career development in the form of training and development offered to other employees,' the court stated. It concluded that pregnant women continue to worry about the prospects of their continued employment once they disclose their pregnancy or even after childbirth. In the case of the applicant, the invariable consequences of pregnancy were exacerbated by how the company treated her, the court stated.
IOL News
14-05-2025
- Business
- IOL News
Durban Labour Court denies reinstatement for ex-eThekwini electricity chief amid misconduct allegations
A former head of eThekwini Municipality's electricity unit's court application to be reinstated has been dismissed by the Durban Labour Court. Image: File The Durban Labour Court has dismissed an urgent application to reinstate the former eThekwini Municipality head of the electricity unit. Former municipal official, Maxwell Mthembu, allegedly threatened municipal workers scheduled to testify against him on allegations of Supply Chain Management (SCM) irregularities relating to contracts in the supply and delivery of electricity meters. Mthembu was dismissed by the city on March 19, 2025. He was employed as the head of the electricity unit in April 2018, and he was suspended on March 20, 2024, as he faced several misconduct charges. His first charge related to gross insubordination and gross dishonesty, followed by the SCM irregularities. Following the allegations, the city launched an investigation. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ In September last year, he approached the Local Government Bargaining Council to challenge his suspension, but it was dismissed. Mthembu remained on suspension until the city served him with a notice for a disciplinary hearing, which was held in February this year. He started with his evidence in the hearing on March 19. However, he was dismissed that same day due to allegations of threats and intimidation against municipal officials set to testify against him regarding invoice splitting. The hearing was never concluded. In his affidavit, Mthembu stated that his dismissal without a hearing was unlawful and not permitted. In argument, the counsel for the city, Advocate Lynette Naidoo SC, said this court lacked jurisdiction to hear Mthembu's application. She said Mthembu complained of failure to follow procedure before his dismissal, and the source of such a procedure is the collective agreement. 'The correct forum is arbitration and not this court,' she said. Acting Judge JT Djadje noted that Mthembu claimed that the city breached the terms of the Collective Agreement that regulates disciplinary procedures in the workplace. 'Given that the dispute between the parties must be arbitrated, this court has no jurisdiction to entertain it,' Djadje added. The breach that Mthembu refers to in the application is a failure by the municipality to follow the procedure provided in the Collective Agreement. Furthermore, Djadje said the source of the cause of action is the enforcement of the Collective Agreement and not breach of the employment contract. Additionally, the acting judge said factors indicating that Mthembu's matter was urgent were not explained. 'As far as financial hardship is concerned, all that the applicant stated was that the termination would have devastating financial consequences. Those consequences were not explained, and how the applicant would be affected,' Djadje said.
