Typical Flashpoints
- Unpaid “safety leave” without risk assessment or attempts to accommodate.
- Refusal to reinstate or sudden role changes after maternity/parental leave.
- Unequal parental leave access post-Van Wyk.
- Paper-thin policies and untrained supervisors.
What The Courts Are Saying
- Brandt v Quoin Rock Wines (2022): Pregnancy is a standalone protected ground. Side-lining or dismissing during maternity can be automatically unfair. Damages and compensation follow.
- Moleme v Induradec Coatings (2025): Extended unpaid leave imposed on a pregnant employee (instead of accommodation) amounted to unfair discrimination; the Court awarded substantial back pay.
- Parental leave post-Van Wyk: Employers must not perpetuate unequal caregiving entitlements in policy or practice; interim compliance is already binding.
Employer Playbook (Prevent the Dispute)
- Write it down: Current leave policy covering annual, sick, family-responsibility, maternity and post-Van Wyk parental-type leave.
- Risk → accommodate → document: For pregnancy, do a written risk assessment and consider reasonable adjustments before any removal from work.
- Return-to-work protocol: Plan re-entry dates, role confirmation, and phased returns where needed.
- Manager training: One hour per quarter on leave and discrimination prevents costly mistakes.
- Audit UIF & payroll: Ensure claims and top-ups are timely and accurate.
Employee Toolkit (Protect Your Rights)
- Keep a paper trail: requests, notices, doctor’s letters, HR emails.
- Ask for the policy and the risk assessment (if pregnant).
- Escalate early through grievance/HR; consider legal advice where necessary.
- Know timelines for CCMA/Labour Court referrals.
Conclusion
The direction of travel is clear: equal caregiving and non-discrimination. Employers who modernise policies and document decisions rarely end up in court. Employees who understand their rights resolve problems sooner — and safer.
References
Brandt v Quoin Rock Wines (C152/2021) [2022] ZALCCT 66. SAFLII
Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18. SAFLII
Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20. SAFLII
Basic Conditions of Employment Act 75 of 1997 (consolidated). SAFLII