In a landmark judgment delivered on 3 October 2025, the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour and Others fundamentally redefined parental leave in South Africa. The Court held that existing provisions of the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIA) unfairly discriminated against fathers and non-birthing parents, violating the constitutional rights to dignity and equality.
By Carl Ranger
Head of Training at Consolidated Employers Organisation (CEO SA)