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Leave entitlement of new parents in the workplace

Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024.

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Other Authors: Van Eck, B.P.S.
Format: Thesis
Language:English
Published: University of Pretoria 2025
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access_status_str Open Access
author2 Van Eck, B.P.S.
author_browse Van Eck, B.P.S.
author_facet Van Eck, B.P.S.
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