Linkedin
Facebook
Email
more
Instalment 4: What should a pregnant employee do if they feel like they are being discriminated against in their workplace for being pregnant?
Some of the most frequently asked questions we encounter in practice revolve around the rights and protections afforded to pregnant employees. Due to the frequency of these questions, we have decided to set out in this series of articles some of the more frequently asked questions about maternity leave and pregnancy and our answers thereto.
So what should a pregnant employee do if they feel like they are being discriminated against in their workplace for being pregnant?
- The first step is always to read through the employers policies on maternity leave or pregnancy and then, if necessary, to lodge a grievance to seek internal resolution to any perceived discrimination. Once the internal processes are exhausted, the employee may approach the CCMA for conciliation. If the discrimination has led to a dismissal for reasons as a result of the employee’s pregnancy, such dismissal may be an automatically unfair dismissal in terms of Section 187 of the Labour Relations Act, such a dispute as a result of an automatically unfair dismissal may be referred to the Labour Court once conciliation has failed.
- It is highly recommended that anyone who feels that they are being discriminated for being pregnant, consult an experienced professional regarding their matter before commencing with litigation. Intervention by such a professional may in itself obviate the need to unnecessarily litigate.
- As an aside, an employee who is pregnant should remember that being pregnant is not an absolute bar against being dismissed. An employee who is pregnant may be dismissed for, amongst other things, poor performance or misconduct provided that such dismissal is not for a reason relating to the employee’s pregnancy.
Should you require any advice on these matters, please feel free to contact Marc Humphries on [email protected] or Candy Eaton on [email protected].
Candice Eaton
Head of HR and Labour Consulting, Johannnnesburg
Marc Humphries
Legal Advisor, Johannesburg
