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Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613647675588608 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S.
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| author_browse | Van Eck, B.P.S.
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| author_facet | Van Eck, B.P.S.
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| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100740 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:28.478Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100740 Leave entitlement of new parents in the workplace Van Eck, B.P.S. edithk@tshwane.gov.za Kgatla, Edith Salamina UCTD Sustainable Development Goals (SDGs) Leave entitlement New parents Workplace Labour law Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. The mini dissertation investigates the leave that new parents are entitled to in the workplace following the groundbreaking judgment in October 2023 in the Gauteng High Court in Van Wyk v The Minister of Employment and Labour.1 The Court found that the Basic Conditions of Employment Act's2 parental leave regulations violate sections 9 and 10 of the Constitution because they unfairly discriminate against fathers and mothers as well as between other parents based on whether the child was adopted, conceived through surrogacy, or born to the mother. The dissertation will further analyze closely the rights of different categories of parents and their leave entitlement before the Van Wyk’s matter, the rights of children to have both parents taking care of them, and the benefits that come with such parental leave after the birth of a child, as opposed to one parent being the only caregiver that the child will have at that early stage of their lives. The concept of the ‘best interest of the child’ as referred to in the matter of MIA v State Information Technology Agency (Pty) Ltd3 will also be explored. The investigation will include a comparative study of other countries as far as parental benefits are concerned. Mercantile Law LLM (Labour Law) Unrestricted Faculty of Laws SDG-08: Decent work and economic growth 2025-02-11T20:10:17Z 2025-02-11T20:10:17Z 2025-05 2024-10 Mini Dissertation * A2025 http://hdl.handle.net/2263/100740 Disclaimer letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Leave entitlement New parents Workplace Labour law Leave entitlement of new parents in the workplace |
| title | Leave entitlement of new parents in the workplace |
| title_full | Leave entitlement of new parents in the workplace |
| title_fullStr | Leave entitlement of new parents in the workplace |
| title_full_unstemmed | Leave entitlement of new parents in the workplace |
| title_short | Leave entitlement of new parents in the workplace |
| title_sort | leave entitlement of new parents in the workplace |
| topic | UCTD Sustainable Development Goals (SDGs) Leave entitlement New parents Workplace Labour law |
| url | http://hdl.handle.net/2263/100740 |