Landmark Judgment: Equal Parental Leave for All Parents 24 November 2025 | GBS SA
top of page

Landmark Judgment: Equal Parental Leave for All Parents 24 November 2025

Monday, 24 November 2025 | Virtual

R950.00 (excl. VAT)

South Africa’s Constitutional Court has confirmed equal parental leave for all parents—a landmark shift that compels immediate HR and policy updates. In this focused online briefing, we unpack the ruling (Van Wyk and Others v Minister of Employment and Labour), what it means for BCEA/UIF compliance, and how to implement fair, gender-neutral parental leave without disruption. Includes a Parental Leave Policy Template and a Model Contract Clause for rapid rollout. 24 November 2025, 10:00–11:00, Virtual (R950 excl. VAT).

Great news, registrations are OPEN!

Human Capital & Labour Law Roadmap for 2025-Global Business Solutions-GBS.png
Time & Location


24 November 2025, Monday, 10:00 - 11:00

Virtual

About The Event

In a groundbreaking decision, the Constitutional Court of South Africa has ruled that the parental leave provisions under the Basic

Conditions of Employment Act (BCEA) and Unemployment Insurance Fund Act (UIF Act) are unconstitutional. The judgment in Van Wyk

and Others v Minister of Employment and Labour and Others affirms that all parents—regardless of gender or type of parenthood—

must be entitled to equal parental leave.


🧾 Background to the Case:

Originated in the Gauteng High Court (2023) when Mr. Van Wyk, a father seeking to be the primary caregiver, was denied equal leave.

The High Court found the BCEA and UIF Act discriminatory for granting four months of maternity leave only to child-bearing parents,

while fathers, adoptive, and commissioning parents received significantly less.


🏛️ Constitutional Court Findings (October 2025):

  • The BCEA and UIF Act provisions unfairly discriminate between parents.

  • The denial of equal leave is unconstitutional and invalid.

  • Equality in parenting is essential to dignity, gender neutrality, and child welfare.

  • Interim relief granted to protect rights immediately.


🏢 Employers must act immediately to align with the Court’s ruling:

  • Update parental leave policies to reflect shared four-month entitlement.

  • Adjust UIF and payroll systems to accommodate new standards.

  • Avoid discriminatory practices in leave approvals.

  • Revise employment contracts, HR policies, and internal communications.


🎁 Exclusive Value Add for Attendees

  • A Parental Leave Policy Template aligned with the ruling.

  • A Model Employment Contract Clause for immediate implementation.


🌍 Why This Judgment Matters:

  • Promotes gender equality in the workplace.

  • Recognises both parents as caregivers.

  • Reduces gender stereotypes in caregiving roles.

  • Enhances child welfare through early parental involvement.

  • Aligns South Africa with international best practices in family-friendly employment.


Date: 24 November 2025 | 10:00 - 11:00

Venue: Virtual via Zoom

Price: R950 excl. VAT

SECURE YOUR SPOT NOW!


Presented by Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance


All workshops are offered as customised in-house training that can be presented virtually or on-site.

*All courses and conferences are subject to minimum delegate numbers.


GBS is:

Qualifying Small Enterprise

Level 2 B-BBEE Contributor

53% Black Owned

More than 51% Black Women Owned

More about the presenter:


John Botha

Joint-CEO, Global Business Solutions and CEO, Circle and Square

John Botha is a highly regarded leader in workforce solutions, labour law, and strategic business transformation. As Joint CEO of Global Business Solutions, he brings decades of experience and has shaped South Africa's labour and employment landscape through his roles on the Employment Equity Commission and Essential Services Commission.


A former Group Executive Director of South Africa's largest JSE-listed workforce solutions company at just 31, John has represented South Africa at the International Labour Organisation and led key labour law negotiations at NEDLAC. His academic credentials include a BCom Honours, a Postgraduate Diploma in Labour Law, and executive training from Columbia Business School and MIT.


Renowned for his innovative strategies and transformative insights, John is a sought-after speaker and trusted advisor, helping organisations drive growth while navigating complex regulatory environments.

Be the first to know about upcoming event—keep in touch on our socials:

  • GBS LinkedIn
  • GBS Facebook
  • GBS Twitter/X
  • GBS Instagram
  • GBS TikTok
  • GBS Youtube
bottom of page