Any company may not terminate a female worker or employee in any conditions just on the grounds that she is pregnant. The dismissal of ladies on the ground of pregnancy or for a reason identified with her pregnancy or proposed pregnancy is rendered naturally unjustifiable by the Labor Relations Act, 1995. The arrangements of the Employment Equity Act, 1998 shields a lady from discrimination in view of her pregnancy, for instance being denied promotions in the companies, being compelled to take unpaid leave or made to work in conditions that imperil her wellbeing or that of her unborn child. A business’ refusal to allow a representative to resume work after she was on maternity leave as far as any law, aggregate understanding, or her agreement of work is viewed as a type of termination or dismissal. A worker who confers genuine unfortunate behavior before or amid her maternity leave may in any case obviously be dismissed for such wrongdoing. A company cannot expel a pregnant employee since she is physically strong for doing her work while pregnant. So for instance a lady who creates long episodes of post-natal dejection which renders her unequipped for working, may not be rejected on account of the operational prerequisites of her employment. A female who does not reveal at the time of appointment that she is pregnant cannot be terminated for “deceiving” her employer about her pregnancy.
A female employee who has been unreasonably expelled by reason of her pregnancy or a reason identified with her pregnancy will conventionally be qualified for re-instatement, on the other hand pay up to a greatest of 2 years’ compensation. Expulsion by reason of pregnancy is viewed unfair dismissal and is arbitrated on by the Labor Court. An expelled female should first elude an out of line rejection question to the Commission for Conciliation, Mediation and Arbitration or to a Bargaining Council working in the business/area in which the worker was utilized. On the off chance that the debate is not fit for settlement/determination under mollification by the CCMA/Bargaining Council the female is entitled to refer it to the Labor Court for arbitration.