South Africa: Court rules in favour of employee dismissed from TDF Network Africa over religious beliefs

Author: The Saturday Star & IOL, Published on: 22 April 2019

"Adventist wins case against former employer over working on Sabbath", 13 April 2019.

A recent Labour Appeal Court ruling has sent a stern warning to South African employers to be more tolerant of their employees’ religious beliefs. This comes after the court ruled in favour of Deidre Beverley Faris, who took her employer, TDF Network Africa, to court over what she deemed was an unfair dismissal over her unavailability to work over the Sabbath. The court agreed that the Seventh Day Adventist, who observes the day for religious reasons and abstains from work from Friday evenings to Saturday evenings, was dismissed unfairly and awarded her 12 month’s compensation...

The court found that the employee would not have been dismissed had it not been for her religious beliefs, and that the employer had discriminated against her for complying with these beliefs...Employers must draw a distinction between employees who arbitrarily disobey a lawful instruction and those who have a legitimate reason based on religious beliefs or other constitutionally protected rights...

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