The Case for Equal Parental Leave

On the 23rd of October 2024, the High Court issued a landmark judgment in the case of Werner van Wyk and others v Minister of Employment and Labour (“van Wyk case”). The High Court declared certain sections of 25 and 25A of the Basic Conditions of Employment Act 75 of 1997 (BCEA), and sections 24, 26A, 27 and 29 of the Unemployment Insurance Fund Act 63 of 2001 (UIF Act) relating to maternity, parental, adoption and commissioning
parental leave entitlements to be unconstitutional due to the sections infringing the right to equality (section 9) and dignity (section 10) as provided for in the Constitution.