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lOMoARcPSD|4079685Labour law, university of the free state
Labour Law (University of the Free State)
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, lOMoARcPSD|4079685
Author: RB Bernard
REASONABLE ACCOMMODATION IN THE WORKPLACE:
TO BE OR NOT TO BE?
ISSN 1727-3781
2014 VOLUME 17 No 6
http://dx.doi.org/10.4314/pelj.v17i6.19
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RB BERNARD PER / PELJ 2014(17)6
REASONABLE ACCOMMODATION IN THE WORKPLACE: TO BE OR NOT TO
BE?
RB Bernard
1 Introduction
The attainment of human dignity, the achievement of equality and the advancement
of human rights are regarded as the founding values of the South African
Constitution.1 Section 9(3) prohibits unfair discrimination - directly or indirectly - on
17 listed grounds, including race, gender, religion and culture. The core purpose of
this is to eliminate unfair discrimination. In this regard, an example of discrimination
in the workplace is when employers implement practices which impact negatively on
an employee's religious practice. If an employer fails to reasonably accommodate an
employee's religious practice when implementing such procedures that may be
construed as unfair discrimination.
Freedom of religion is a fundamental right enshrined in and protected by section 15
of the Constitution. This right allows for the practice of religion without interference
from the state and individuals. Chaskalson P in S v Lawrence,2 borrowing the
concept of freedom of religion from the Canadian Courts, stated that:
... the concept of freedom of religion is the right to entertain such religious
beliefs as a person chooses, the right to declare religious beliefs openly and
without fear of hindrance or reprisal, and the right to manifest religious
beliefs by worship and practice or by teaching and dissemination.3
Religious freedom includes the right to "have a belief, to express that belief publicly
and to manifest that belief by worship and practice".4 This requires that an individual
be permitted to exercise, practice and openly declare his religious beliefs, without
fear of reprisal.
Rowena Bronwen Bernard. LLB (UND) LLM (UKZN). Lecturer in Law, School of Law, Howard
College, University of KwaZulu-Natal. Email: Bernardr@ukzn.ac.za.
1
Section 1 of the Constitution of the Republic of South Africa, 1996.
2
S v Lawrence 1997 4 SA 1176 (CC).
3
S v Lawrence 1997 4 SA 1176 (CC) para 92.
4
Currie and De Waal Bill of Rights Handbook 339.
2870
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