10 Questions
What is the main claim made by the applicants regarding Section 25(1)?
That it is unconstitutional because it discriminates between parents and does not provide equal parental leave to both parents.
What is the proposed solution to achieve equality and dignity in parental leave according to the Van Wyks?
Both parents should share the 4-months leave according to their election.
What is the criticism made by the applicants regarding the duration of prescribed leave available to different classes of parents?
That it constitutes unfair discrimination and violates the dignity of all parents.
Why do the applicants challenge the notion that prescribed leave is only available to adoptive parents for a child under two years old?
Because it is irrational and constitutes unfair discrimination.
What is the common thread that runs through the applicants' claims regarding parental leave?
That the current laws and regulations violate the dignity of all parents and constitute unfair discrimination.
According to the Court's decision, what is the problem with the Sections in the BCEA?
They offend sections 9 and 10 of the Constitution.
What must Parliament do to address the inequalities in the BCEA?
Make substantive changes to eliminate inequality.
What is the suggested interim solution to remove inequality in parental leave?
Granting all parents 4 consecutive months' parental leave, collectively.
What is the goal of the declaratory orders sought by the applicants?
To eliminate inequalities in the BCEA.
What are the options for eliminating inequality in parental leave, according to the Court?
A range of options exist, including changes proposed by various applicants.
Study Notes
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This quiz explores the arguments made by applicants regarding Section 25(1) and the suggested solutions to achieve equality and dignity for parents in South Africa.
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