Pregnant employees protected against dismissal

Pregnant Employees are protected against unfair discrimination by the constitution and labour laws. But, can an employer and employee enter into an agreement that employment will be terminated if the employee falls pregnant? Under the Labour Relations Act the dismissal of an employee due to her pregnancy, or for a reason related to her pregnancy, is based on unfair discrimination and renders the dismissal automatically unfair. One might think that the parties could from the outset enter into an agreement that employment would terminate if the employee falls pregnant. Due to the imbalance of power in the employment relationship and the vulnerability of an employee in these circumstances, it is not such a simple matter.

Pregnant employees protected (Photo credit: Wikipedia)

In the labour court case of Wallace vs Du Toit, the employer had employed an au pair to take care of his two young children. After two years, the au pair fell pregnant and her employment was terminated. The employer stated that it had been verbally agreed during the pre-employment interview that if the au pair had children of her own, her employment would lapse by virtue of a “resolutive condition”.

When the au pair said that she was pregnant the employer congratulated her, but told her that her services would have to be terminated. In the employee’s evidence she stated that the employer found it objectionable that the pregnancy was out of wedlock. The understanding was that the employer’s children would not be told of the pregnancy. There was some discussion as to when she would go and the employer said that he would pay her three months’ salary upon termination of her employment.

When the employer could not find another au pair to replace her, he invited her to continue working for another two months, which she did. The employer said it had ultimately been a consensual termination as she had accepted that her services would be terminated on the basis he had discussed with her. Based on the facts the court found that there had been no agreement during the pre-employment interview that her services would be terminated if she fell pregnant.

However, even if there had been such an agreement, the employer’s world views were inconsistent with the constitution and an agreement of that nature would be contra bonos mores (against the legal convictions of the community) and thus unenforceable. The court found that the fact that the employee had stoically accepted her fate at the time of the discussion surrounding the termination of her employment did not mean that the termination was consensual. The court found that the termination amounted to a dismissal.

But could the dismissal be justified on the basis of the inherent requirements of the job?

The court found that not being pregnant or a parent could not be regarded as an inherent requirement of the job. Her dismissal was therefore based on unfair discrimination for a reason related to her pregnancy. This made it an automatically unfair dismissal. The court awarded her the equivalent of 12 months’ compensation for the unfair dismissal and a further R25 000 for the impairment of her dignity and self-esteem. In considering the amount of the compensation, the court took into account the fact that the employer had tried to be fair and did what he considered just, even though the family values of the employer did not “accord with the current societal norms as expressed in the Labour Relations Act”.

This case illustrates how an employer might still fall foul of the law without fully realising it.

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Reputation a high business asset

Maintaining your business’ professional and financial reputation is one of the most valuable assets of any business.

Accordingly, small business owners should establish specific strategies for improving profitability based on established and loyal relationships with suppliers. Effective supplier relationship management has, therefore, become an imperative, not a choice.  Business owners, who are proactively engaging with their suppliers, are gaining insight into actions that create value, reduce cost, enables innovation, manages risk and drives business growth.

Don’t kill your reputation, organize your information (NARA 518156, Photo credit: Wikipedia)

Research found:

• Suppliers have a direct impact on the financial performance and profitability of a business as they influence, among others, inventory levels and the timely delivery of goods and services and the businesses ability to operate effectively;
• A business’ approach to maintaining good supplier relationships is vital and needs to be part of a strategic plan because almost every company is dependent on suppliers;
• Small businesses may consider incorporating a rebate structure into their strategic plan as part of their on-going relationship with their suppliers.

In a win-win situation, the supplier may be able to negotiate a percentage price reduction that results in a rebate, saving the business owner a percentage from the price they could not obtain on their own. Although a rebate structure can help ease cash flow, the business’s working capital may still be compromised by needing to pay for stock in advance after slower trading months.

Most small businesses require a healthy cash flow – this can be hard to maintain in a depressed economy, particularly if your business is affected by the seasonality of trading. In a recent research survey amongst 25 000 small business owners, access to working capital was cited as the biggest challenge faced by SMEs.

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Make use of the car ombud

The car ombud, Johan van Vreden, helps mediate disputes that arise between the motor industry and consumers as well as suppliers. In terms of the initiative the ombud’s office can intervene in complaints involving used cars, car parts and other products sold by dealers that adhere to the ombud’s code of conduct.

Disputes over unfair purchase and service agreements, exaggerated prices, unsafe goods and breaching of warranty contracts are just some of the matters dealt with by the car ombud. Since the introduction of an advisory centre for both buyers and sellers, the ombud’s office has seen a drop of between five and seven percent in complaints lodged against the motor industry.

The advisory centre is manned by a team of experienced case managers who provide telephonic advice to both consumers and motor industry businesses. Principally the advisory system helps consumers make informed decisions when planning to lodge a complaint.

But Van Vreden cautions vehicle buyers or suppliers that lay complaints to come prepared. “Do your homework. Before lodging a complaint, make sure that you understand all the elements of the original purchase agreement.” He adds that as buyers of various motor vehicles, businesses are also protected by some of the ombud’s latest initiatives. “Recently we developed a unique project called Transaction Protected Project to protect both buyers and sellers of pre-owned vehicles from unscrupulous behaviour,” says Van Vreden.

This service is free to consumers, but a fee is charged to motor industry companies that deal with the office. Should a dispute arise between a buyer and a seller, a complaint must be lodged within 14 days if the parties involved cannot reach an agreement alone.

Complaint forms can be downloaded online and submitted in writing, but only after complainants seek telephonic advice first from the ombud’s office.

[Read more: www.miosa.co.za]

Online shopping to boom

Online shopping is expected to boom in South Africa and will become a real alternative to mall trawling.

South Africa’s biggest online store with over 12-million products in stock, kalahari.com, has appointed a full service market research and strategy business to measure the perceptions of the brand in the minds of the country’s shoppers. 

Online shopping from home to boom in SA (Photo credit: Wikipedia)

According to kalahari.com, South Africans are increasingly adopting online shopping as an alternative to mall trawling and fighting the super store crowds. More and more South Africans are connected and explore the convenience of online shopping. Trend spotters are predicting a boom in online retail.

Already at the forefront of online shopping, kalahari.com wants to ensure it remains well-positioned to ride this boom. Acknowledging that building its brand is key to its continued success, they are tapping into their myriad years of brand tracking expertise so that it can effectively measure the brand’s health on a regular basis and respond appropriately as it grows.

This is crucial for kalahari.com as it looks to a future proliferated by thousands of online retail experiences. Only those who really understand how to track their online brands and respond accordingly will flourish.

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