Abstract

This case note examines the court decision to declare the various provisions of leave from work for the purpose of caregiving in the Basic Conditions of Employment Act unconstitutional on the basis of a violation of the rights to equality and dignity because it differentiates between categories of parents. The resulting order made by the High Court was to award four months of parental leave to be shared between the mother and father of a newborn baby. The case note discusses the implications of this decision in light of the awaiting Constitutional Court judgment, which will make a final determination as to the constitutionality of maternity leave.