ARTICLE · 09 NOVEMBER 2023

Sharing The "Maternal" Or Rather The "Parental" Responsibility

Consolidated Employers Organisation

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In a groundbreaking decision, the Johannesburg High Court recently rendered a pivotal verdict in the case of W van Wyk and others vs. the Minister of Employment and Labour...

South AfricaEmployment and HR

Jaundré Kruger

In a groundbreaking decision, the Johannesburg High Court recently rendered a pivotal verdict in the case of W van Wyk and others vs. the Minister of Employment and Labour, reshaping the landscape of maternity and parental leave in South Africa. The Court's ruling declared the current regulations of the Basic Conditions of Employment Act (BCEA) unconstitutional, asserting that they violated the fundamental rights of equality and human dignity by offering a mere four (4) months of unpaid leave to childbearing employees. Additionally, the Court found the 2020 BCEA regulations, which introduced commissioning parental leave, adoption leave, and parental leave, to be discriminatory.

Before delving into the transformative implications of this Court decision, it is essential to grasp the origins of this legal dispute. Mr Werner van Wyk's plea for a four-month leave to care for his newborn child following his wife's return to work was met with rejection. This denied

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