DISCRIMINATION – RELIGION – EMPLOYEE NOT WORKING FRIDAY EVENINGS AND SATURDAYS

The case SUN INTERNATIONAL MANAGEMENT LIMITED V?SAYITI?(JA13/23) [2024] ZALACJHB 411 (21 OCTOBER 2024)? addressed a complex interplay between religious freedom and employment obligations. The case was about the dismissal of an employee based on religious grounds, exploring the parameters of automatic unfair dismissal as outlined in South Africa's Labour Relations Act (LRA) and Employment Equity Act (EEA).

The employee, a Marketing Manager for Sun International, managed duties across East Africa and the SADC region. Upon joining in 2015, his religious beliefs were not discussed, which restricted work from sunset on Fridays to sunset on Saturdays. Nearly two months later, he disclosed his membership in the Seventh-Day Adventist Church, preventing him from working on Saturdays. The employer initially accommodated this, arranging for him to work on Sundays for 16 months. Operational pressures led to an incapacity inquiry, concluding that the employee’s inability to work weekends conflicted with the role’s demands. He was offered an alternative position at a significantly reduced salary, which he declined, resulting in his dismissal.

Challenging the dismissal under section 187(1)(f) of the LRA, the employee claimed unfair discrimination based on religion. Although the employer admitted to discrimination, they argued it was justified, as weekend availability was essential for the role. The Labour Court (LC) initially ruled in favour of the employee, finding his dismissal automatically unfair and ordering reinstatement with retrospective effect. However, Sun International appealed, arguing that weekend work was inherent to the role and that they had made reasonable accommodation attempts.

On appeal, the Labour Appeal Court (LAC) examined the necessity of weekend work in the hospitality industry. The employment contract did not explicitly mandate weekend work but outlined flexibility and extended hours when needed. The LAC considered this flexibility essential in the hospitality industry, where client interactions often occur over weekends. It ruled that an inherent job requirement as a defence, should be essential, and connected to achieving legitimate business goals.

The LAC also reviewed the employer’s efforts to accommodate the employee. Sun International’s management assumed additional responsibilities to allow the employee’s Sabbath observance. However, as operational demands increased, this arrangement became unsustainable. The LAC found that the employer’s accommodations were reasonable but could not continue without undue hardship to the business. Thus, the LAC overturned the Labour Court’s decision, ruling that the dismissal was substantively and procedurally fair.

The LAC underscored that employers must strive to accommodate employees' religious observances, yet not at the cost of essential business needs. Employers must balance accommodation with operational feasibility, avoiding unreasonable burdens or restructuring roles. This judgment reaffirms that while religious freedoms are respected, they must coexist with practical business imperatives.

Feel free to reach out for expert guidance on labour-related matters at [email protected].