Posts Tagged ‘maternity leave’
Employers must update leave policies after landmark ConCourt ruling
The Constitutional Court has confirmed that sections of the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund Act are unconstitutional because, when it comes to “maternity leave”, they unfairly discriminate against mothers and fathers, surrogate parents, and those who adopt children. The declarations of constitutional invalidity were suspended for 36 months to…
Read MoreDISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE
In the matter of VAN WYK AND OTHERS V MINISTER OF EMPLOYMENT AND LABOUR (2022-017842) [2023] ZAGPJHC 1213 (25 OCTOBER 2023), the Johannesburg High Court (HC) addressed allegations of unconstitutionality in sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA) concerning maternity, adoption, commissioning surrogacy, and parental leave. The primary issue was…
Read More