, MRL3702 ASSIGNMENT 1 MEMO Semester 2 Due August 2025
Legal Opinion on Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD
18 (7 May 2025)
1. Introduction and Summary of the Facts
The matter of Moleme v Induradec Coatings (Pty) Ltd represents a critical judicial
pronouncement on pregnancy discrimination within the framework of South African
labour law. Tiisetso Moleme commenced employment with Induradec Coatings in
October 2021 as a chemist, functioning in an industrial lab environment involving
exposure to potentially hazardous substances. In March 2023, she notified the
employer of her pregnancy and requested a reassignment or workplace
accommodation consistent with her medical status and prevailing legal protections.
The employer responded by removing her from the laboratory and placing her in an
adjacent office without any work or formal assessment of risk.
Notably, the employer relied on informal consultations with an external occupational
medical practitioner and a safety consultant, but failed to procure a formal workplace
risk assessment as mandated by the Code of Good Practice on the Protection of
Employees during Pregnancy and after the Birth of a Child1. In May 2023, after a
consultation process, the company insisted that no suitable alternative work was
available and placed Moleme on forced unpaid maternity leave — a decision she
viewed as premature, unlawful, and financially devastating2. She was compelled to
resign in early 2024 due to the economic consequences of unpaid leave, and referred
the matter to the Labour Court after limited CCMA engagement. The core of the
dispute turned on whether the employer’s conduct constituted unfair discrimination
based on pregnancy under the Employment Equity Act3.
2. Issues in Dispute
The central legal issues before the court were as follows:
1
Code of Good Practice on Pregnancy and After the Birth of a Child, GN R1441 GG 19453 of 13 November
1998, clause 5.10.
2
Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 at para [8].
3
S 6(1) of the Employment Equity Act 55 of 1998.
Legal Opinion on Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD
18 (7 May 2025)
1. Introduction and Summary of the Facts
The matter of Moleme v Induradec Coatings (Pty) Ltd represents a critical judicial
pronouncement on pregnancy discrimination within the framework of South African
labour law. Tiisetso Moleme commenced employment with Induradec Coatings in
October 2021 as a chemist, functioning in an industrial lab environment involving
exposure to potentially hazardous substances. In March 2023, she notified the
employer of her pregnancy and requested a reassignment or workplace
accommodation consistent with her medical status and prevailing legal protections.
The employer responded by removing her from the laboratory and placing her in an
adjacent office without any work or formal assessment of risk.
Notably, the employer relied on informal consultations with an external occupational
medical practitioner and a safety consultant, but failed to procure a formal workplace
risk assessment as mandated by the Code of Good Practice on the Protection of
Employees during Pregnancy and after the Birth of a Child1. In May 2023, after a
consultation process, the company insisted that no suitable alternative work was
available and placed Moleme on forced unpaid maternity leave — a decision she
viewed as premature, unlawful, and financially devastating2. She was compelled to
resign in early 2024 due to the economic consequences of unpaid leave, and referred
the matter to the Labour Court after limited CCMA engagement. The core of the
dispute turned on whether the employer’s conduct constituted unfair discrimination
based on pregnancy under the Employment Equity Act3.
2. Issues in Dispute
The central legal issues before the court were as follows:
1
Code of Good Practice on Pregnancy and After the Birth of a Child, GN R1441 GG 19453 of 13 November
1998, clause 5.10.
2
Moleme v Induradec Coatings (Pty) Ltd (D581/2023) [2025] ZALCD 18 at para [8].
3
S 6(1) of the Employment Equity Act 55 of 1998.
