,MRL3702 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
1. Summary of Facts
Employment and pregnancy disclosure
Tiisetso Moleme was employed as a chemist from October
2021. In March 2023, she informed her employer she was
pregnant and requested relocation from the laboratory
due to exposure risk to chemicals such as
Bisphenol A Studocu+7Saflii+7Studocu+7.
Reassignment without duties
The employer moved her to an office but failed to assign
her any duties, despite agreeing she would get a computer
and limited office work (April–
May 2023) StudocuSaflii+1Studocu+1.
Consultation meeting and placement on unpaid
maternity leave
A meeting was held in May 2023 (involving HR or external
advisor). Employer purported inability to find alternative
work and placed Moleme on extended unpaid maternity
leave under s 26(2) BCEA. She ended up resigning
January 2024 after losing income, home and
car LinkedIn+2Saflii+2Studocu+2.
, 2. Issues in Dispute
1. Unfair discrimination on the ground of pregnancy under
s 6(1) of the Employment Equity Act (EEA) – whether
Moleme was unfairly treated because of her pregnancy.
2. Compliance with s 26 BCEA – whether the employer
complied with its statutory duty to offer suitable
alternative employment where it was practicable .
3. The Court’s Decision
Unfair discrimination confirmed
The Labour Court found Induradec unfairly discriminated
against Moleme by placing her on unpaid leave without
evidence that no safe alternative existed, and without
performing the requisite workplace risk assessment .
Compliance with s 26 partially established
While the employer showed that no alternative positions
existed, it failed to show it had conducted a proper risk
assessment or made efforts to accommodate her in her
own role safely (contrary to clause 5.10 of the Code) .
Compensation & order
The court awarded 11 months' salary (R724,086) and costs
(Scale B) as just and equitable compensation .
Semester 2 2025 - DUE August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
1. Summary of Facts
Employment and pregnancy disclosure
Tiisetso Moleme was employed as a chemist from October
2021. In March 2023, she informed her employer she was
pregnant and requested relocation from the laboratory
due to exposure risk to chemicals such as
Bisphenol A Studocu+7Saflii+7Studocu+7.
Reassignment without duties
The employer moved her to an office but failed to assign
her any duties, despite agreeing she would get a computer
and limited office work (April–
May 2023) StudocuSaflii+1Studocu+1.
Consultation meeting and placement on unpaid
maternity leave
A meeting was held in May 2023 (involving HR or external
advisor). Employer purported inability to find alternative
work and placed Moleme on extended unpaid maternity
leave under s 26(2) BCEA. She ended up resigning
January 2024 after losing income, home and
car LinkedIn+2Saflii+2Studocu+2.
, 2. Issues in Dispute
1. Unfair discrimination on the ground of pregnancy under
s 6(1) of the Employment Equity Act (EEA) – whether
Moleme was unfairly treated because of her pregnancy.
2. Compliance with s 26 BCEA – whether the employer
complied with its statutory duty to offer suitable
alternative employment where it was practicable .
3. The Court’s Decision
Unfair discrimination confirmed
The Labour Court found Induradec unfairly discriminated
against Moleme by placing her on unpaid leave without
evidence that no safe alternative existed, and without
performing the requisite workplace risk assessment .
Compliance with s 26 partially established
While the employer showed that no alternative positions
existed, it failed to show it had conducted a proper risk
assessment or made efforts to accommodate her in her
own role safely (contrary to clause 5.10 of the Code) .
Compensation & order
The court awarded 11 months' salary (R724,086) and costs
(Scale B) as just and equitable compensation .
