Berry picker awarded one year's salary after losing job on return from maternity leave
A Stellenbosch farmworker who returned from maternity leave to find herself out of a job has won R62,100 in compensation and other payments after the Labour Court ruled that her retrenchment was unfair.
Nomaindiya Mphotozi, a mother of three, was awarded R62,100 by the Labour Court after her employer, Hoopenberg Berries, terminated her job shortly after her return from maternity leave. Mphotozi, who had worked for the company since July 2021, was employed as a berry picker and earned R4,600 per month. She had arranged for maternity leave from February 1, 2024, and returned to work on June 3, 2024, as agreed.
However, instead of resuming her duties, Hoopenberg Berries informed her that they no longer had the funds to pay her wages and could not retain her.
Mphotozi testified that she had not been consulted about potential retrenchment while on maternity leave and had received no calls or notices from her employer during her leave. The Labour Court dismissed Hoopenberg Berries' procedures for retrenchment as procedurally and substantively unfair, awarding Mphotozi the maximum 12 months' compensation for an ordinary unfair dismissal, totaling R55,200, along with R2,300 in severance pay and R4,600 in notice pay, making a total of R62,100.
The court declared that Mphotozi's dismissal was both unjust and excessively harsh, considering her unemployment lasting over two years after losing her job. The ruling stems from Hoopenberg Berries previously being recognized for initiatives aimed at improving employee well-being, such as renovating a staff canteen and offering financial mentoring workshops.
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