In the Labour Court judgment, dated 7 November 2017, of
Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd, a
pregnant employee claimed she was unfairly discriminated against
due to the application of the maternity leave policy of her
employer, a gold mining company. In terms of the policy, pregnant
employees who have to be removed from high-risk areas during
pregnancy, for whom suitable alternative employment cannot be
secured during the pregnancy, are placed on unpaid suspension
pending their maternity leave, which is partially paid.
Background
The policy provides for the following:
- "risk work" is any work
where there is exposure to physical, chemical or biological hazards
and which is considered potentially dangerous to the health of the
pregnant employee or the unborn child;
