The Commission for Gender Equality (CGE) welcomes the decision of the Labour Court and wishes to congratulate the Labour judiciary for its progressive judgment.

The CGE has recently hosted employment equity hearings nationally and provincially in South Africa and from our observations it is clear that employers are not attempting to reasonably accommodate the family responsibility needs of employees in the workplace.   The Employment Equity Act (EEA) obliges employers to inter alia, increase promotion opportunities for female employees, introduce flexible working hours, allow time-off during pregnancy and improve maternity and child care facilities.  The CGE believes that the judgment of the Labour Court signals a step in the right direction for the fulfillment of dual roles in the South African society that is, maintaining the well being of the family whilst being able to pursue a career.

The CGE also applauds the Labour Court for its generous and purposive approach in awarding relief thereby acknowledging the inherent unfair discrimination of Ethekwini Municipality’s actions in this matter.  We can only hope that the South African judiciary will continue this positive interpretation of legislation thereby generating a jurisprudence that reflects a respect for gender equality in South Africa. 

Issued by:Commission for Gender Equality 

Tel: 011 403 7182/083 579 3306

Enquiries: Javu Baloyi

Date: 14 June 2012

The Commission for Gender Equality is established in terms of Section 187 of the Constitution of the Republic of South Africa in order to promote respect for gender equality and the protection, development and attainment of gender equality.