In a groundbreaking legal decision, the High Court has declared the existing maternity provisions under the Basic Conditions of Employment Act (BCEA) unconstitutional, citing violations of the rights to equality and human dignity.
The verdict, handed down by the Gauteng High Court, marks a significant turning point in parental leave regulations, effectively reshaping established norms.
The catalyst for this historic judgment was the case of Werner van Wyk, who sough four-months leave to care for his newborn child.
His employer rejected his request, prompting Van Wyk and others to take the Minister of Employment and Labour to court.
The court's judgment found that these provisions unjustly discriminate against mothers and fathers, as well as different sets of parents, based on factors such as the method of childbirth, surrogacy, or adoption.…