The Employment Equity Act Judgment Labour Court Durban

REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, DURBAN

JUDGMENT
Case no: D 312/2012 In the matter between: M I A Applicant and STATE INFORMATION TECHNOLOGY AGENCY (PTY) LTD Respondent
Heard: 19 and 20 November 2014
Delivered: 26 March 2015
Summary: Application brought in terms of section 6 of the Employment Equity Act by a parent in a duly registered union to have the respondent’s decision to deny the applicant 4 months paid “maternity” leave following the birth of their child by a surrogate to constitute unfair discrimination.

JUDGMENT

GUSH J
[1] In this matter the applicant applies to have the respondent’s refusal to grant him paid “maternity” leave on the basis that he is not the biological
[6]
mother of his child under a surrogacy agreement to constitute unfair discrimination on the grounds of gender, sex, family responsibility and sexual orientation as provided for in section 61 of the Employment Equity Act1. The relief the applicant seeks, for himself and “other similarly placed applicants” (sic) is for the court to direct the respondent to refrain from so