Masterclass on Parental Leave Equality
A Landmark Judgment – A Transformative Moment for the Workplace
On 3 October 2025, the Constitutional Court’s judgment in Van Wyk and Others v Minister of Employment and Labour fundamentally redefined South Africa’s parental leave framework. The Court found that the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIF Act) unconstitutionally discriminate between parents — from birth mothers and fathers to adoptive and commissioning parents.
With immediate interim provisions and a 36-month window for legislative reform, the ruling ushers in a new era of equality and inclusion in parental rights — one with major implications for employers, HR professionals, legal practitioners, policymakers, and unions.
The masterclass will provide you with:
- Legal Insight: Deep dive into the Constitutional Court’s reasoning on equality, dignity, and discrimination in parental leave
- Practical Tools: Understand interim provisions, recalibrate leave policies, and manage UIF claims
- Forward Thinking: Explore international best practices and models for legislative reform
- Critical Engagement: Reflect on the evolving concept of parenthood, gender transformation, and the best interests of children
The Mandela Institute hosts two leading labour experts, Prof. Marthinus van Staden, Wits School of Law and Dr. Grey Stopforth, University of Free State, Faculty of Law as they unpack this landmark decision and translate its complex legal implications into actonable workplace insights.
Prof. Marthinus van Staden
Marthinus van Staden is associate professor at the School of Law, University of the Witwatersrand. He obtained his LLD in labour law from the University of Pretoria, with a thesis examining teleological interpretation of employment statutes. He is a leading researcher in labour law, constitutional law and statutory interpretation. His scholarship focuses particularly on vulnerable workers, employment relationships in the digital age and the intersection of labour rights with constitutional principles. He holds an NRF rating and has published over 60 peer-reviewed articles in prestigious journals, including the International Labour Review, Industrial Law Journal (Oxford) and South African Law Journal. He is also a member of the Editorial Board of the BRICS Law Journal. He is co-editor of Landmark Constitutional Cases that Changed South Africa (2023), which examines pivotal decisions that shaped the nation’s constitutional democracy. His research extends beyond traditional academic boundaries through regular contributions to leading publications such as Daily Maverick and Business Live, where he provides expert commentary on contemporary legal developments. Professor van Staden’s work combines legal scholarship with practical application, examining how South African law addresses modern workplace challenges whilst remaining grounded in constitutional values. His research has been instrumental in advancing understanding of labour rights within South Africa’s transformative constitutional framework.
Dr. Grey Stopforth
Grey Stopforth is a lecturer in the Department of Mercantile Law at the University of the Free State. He obtained his LLD in Mercantile Law from the same institution in 2023, with a thesis that critically assessed the feasibility of advocating for minimum decent work standards within the modern gig economy. Since 2013, Dr Stopforth has been actively involved in teaching a wide range of undergraduate and postgraduate law modules, primarily in Mercantile Law. His recent teaching portfolio includes Labour Law, Introduction to Law, Legal Skills, and Social Protection Law. He is deeply committed to advancing teaching and learning, recognising it as a cornerstone of success in higher education. Dr Stopforth is a member of the UFS Learning and Teaching Fellowship Programme (2024–2025) and the UFS Emerging Scholar Programme (2025–2026). His research interests lie at the intersection of technological innovation and the world of work, with a particular focus on the structural vulnerabilities faced by gig workers and the legal frameworks needed to protect them. He has presented his work at numerous national and international conferences and has published in peer-reviewed journals, notably on the legal implications of generative AI for the legal profession and the evolving nature of labour protections in the digital age.
Date: 20 November 2025
Time: 09:00 – 14:00 SAST
Format: Half-day Online Masterclass
Cost: R3,999 per person Early Bird: R3,299 (register by 10 November 2025)
Special rates applicable for HR Practitioners (R999) and students (R499)
Register Here: http://bit.ly/4hGcw4b
Download Promotional Flyer: Masterclass on Parental Leave Equality
Enquiries: Magda Janse van Noordwyk | magda.jansevannoordwyk@wits.ac.za | 011 717 8468