The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)

The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the right to freedom of religion. Section 31(1) of the Constitution then goes on to...

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Autor principal:	Shamier Ebrahim
Formato:	article
Lenguaje:	AF DE EN NL
Publicado:	North-West University 2021
Materias:	Right to freedom of religion right to manifest religion religion inherent human dignity employer's workplace needs employer's operational requirements Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/f5e194560d9e4799896a13f9052f7840
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spelling	oai:doaj.org-article:f5e194560d9e4799896a13f9052f78402021-11-10T06:14:01ZThe Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)10.17159/1727-3781/2021/v24i0a79731727-3781https://doaj.org/article/f5e194560d9e4799896a13f9052f78402021-11-01T00:00:00Zhttps://perjournal.co.za/article/view/7973https://doaj.org/toc/1727-3781 The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the right to freedom of religion. Section 31(1) of the Constitution then goes on to state that persons who belong to a religious community, amongst others, may not be denied the right to practise their religion with other members of that community. Section 9(3) of the Constitution prohibits the state from unfairly discriminating against any person directly or indirectly on several grounds, which include the ground of religion. Section 9(4) of the Constitution on the other hand prohibits any person from unfairly discriminating against any other person on the ground of religion, amongst others. These constitutional protections resonate in both the Labour Relations Act 66 of 1995 and the Employment Equity Act 55 of 1998. Despite these protections, the right to freedom of religion is still a contested subject in the workplace, inter alia. The contestation intensifies when the right to freedom of religion results in an employee not being able to comply with one or more of the employer's workplace needs. Employers' who do not understand the balance that has to be struck between the employee's right to freedom of religion and its workplace needs will often find themselves on the wrong side of our labour laws if they dismiss an employee without having due regard to the employee's religion. This is what transpired in TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC). Shamier EbrahimNorth-West UniversityarticleRight to freedom of religionright to manifest religionreligioninherent human dignityemployer's workplace needsemployer's operational requirementsLaw in general. Comparative and uniform law. JurisprudenceK1-7720AFDEENNLPotchefstroom Electronic Law Journal, Vol 24 (2021)
institution	DOAJ
collection	DOAJ
language	AF DE EN NL
topic	Right to freedom of religion right to manifest religion religion inherent human dignity employer's workplace needs employer's operational requirements Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	Right to freedom of religion right to manifest religion religion inherent human dignity employer's workplace needs employer's operational requirements Law in general. Comparative and uniform law. Jurisprudence K1-7720 Shamier Ebrahim The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
description	The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the right to freedom of religion. Section 31(1) of the Constitution then goes on to state that persons who belong to a religious community, amongst others, may not be denied the right to practise their religion with other members of that community. Section 9(3) of the Constitution prohibits the state from unfairly discriminating against any person directly or indirectly on several grounds, which include the ground of religion. Section 9(4) of the Constitution on the other hand prohibits any person from unfairly discriminating against any other person on the ground of religion, amongst others. These constitutional protections resonate in both the Labour Relations Act 66 of 1995 and the Employment Equity Act 55 of 1998. Despite these protections, the right to freedom of religion is still a contested subject in the workplace, inter alia. The contestation intensifies when the right to freedom of religion results in an employee not being able to comply with one or more of the employer's workplace needs. Employers' who do not understand the balance that has to be struck between the employee's right to freedom of religion and its workplace needs will often find themselves on the wrong side of our labour laws if they dismiss an employee without having due regard to the employee's religion. This is what transpired in TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC).
format	article
author	Shamier Ebrahim
author_facet	Shamier Ebrahim
author_sort	Shamier Ebrahim
title	The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
title_short	The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
title_full	The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
title_fullStr	The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
title_full_unstemmed	The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
title_sort	employee's right to freedom of religion versus the employer's workplace needs: an ongoing battle: tdf network africa (pty) ltd v faris 2019 40 ilj 326 (lac)
publisher	North-West University
publishDate	2021
url	https://doaj.org/article/f5e194560d9e4799896a13f9052f7840
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The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)

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