DISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE

By CTL Group Holdings | November 6, 2024

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…

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