MRL3702 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 11
September 2025
FOR ASSISTANCE PLEASE
CONTACT
, Introduction
The present matter concerns a conflict between an employer’s operational requirements and an
employee’s religious obligations. Tselane, a manager at #23&24 (Pty) Ltd, finds himself torn
between his professional duties during the company’s busiest period and his role as an intern
pastor at Ko-Kerekeng of God, where he is expected to deliver sermons during the last week of
December. The employer, represented by Phiri, the senior manager, has issued a directive
prohibiting any employee from taking leave during this critical period and has warned that
disciplinary measures, including dismissal, may follow if the directive is contravened.
This scenario raises questions relating to the scope of managerial prerogative, the limits of
employees’ rights to freedom of religion, and the fairness of dismissals under the Labour
Relations Act 66 of 1995 (LRA). It also implicates the Constitution of the Republic of South
Africa, 1996, which guarantees both freedom of religion and the right to fair labour practices.
The following sections address the four sub-questions in detail.
1. Whether #23&24 has the right to issue the statement
above and why (2 marks)
Employer’s Right to Issue Directives
Employers generally enjoy the prerogative to regulate workplace discipline and issue directives
necessary to ensure the efficient operation of the business. This prerogative is recognised under
common law and the LRA. Section 8 of the LRA further obliges employees to comply with
lawful and reasonable instructions given by the employer.
In this case, #23&24’s decision to prohibit leave during the last week of December appears to be
a measure designed to safeguard the business’s operational needs. It is undisputed that this
period is the company’s busiest, given the high demand for tobacco products during the festive
season. Thus, a blanket ban on leave could be justified as an operational necessity aimed at
ensuring that the business remains profitable and adequately staffed during peak demand.
Limitations to Employer’s Directives
However, this managerial prerogative is not absolute. Any directive must be:
1. Lawful – It must not contravene legislation, collective agreements, or constitutional
rights.
2. Reasonable – It must be rationally connected to a legitimate business purpose.
3. Fair – It must not unjustifiably infringe upon the fundamental rights of employees.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 11
September 2025
FOR ASSISTANCE PLEASE
CONTACT
, Introduction
The present matter concerns a conflict between an employer’s operational requirements and an
employee’s religious obligations. Tselane, a manager at #23&24 (Pty) Ltd, finds himself torn
between his professional duties during the company’s busiest period and his role as an intern
pastor at Ko-Kerekeng of God, where he is expected to deliver sermons during the last week of
December. The employer, represented by Phiri, the senior manager, has issued a directive
prohibiting any employee from taking leave during this critical period and has warned that
disciplinary measures, including dismissal, may follow if the directive is contravened.
This scenario raises questions relating to the scope of managerial prerogative, the limits of
employees’ rights to freedom of religion, and the fairness of dismissals under the Labour
Relations Act 66 of 1995 (LRA). It also implicates the Constitution of the Republic of South
Africa, 1996, which guarantees both freedom of religion and the right to fair labour practices.
The following sections address the four sub-questions in detail.
1. Whether #23&24 has the right to issue the statement
above and why (2 marks)
Employer’s Right to Issue Directives
Employers generally enjoy the prerogative to regulate workplace discipline and issue directives
necessary to ensure the efficient operation of the business. This prerogative is recognised under
common law and the LRA. Section 8 of the LRA further obliges employees to comply with
lawful and reasonable instructions given by the employer.
In this case, #23&24’s decision to prohibit leave during the last week of December appears to be
a measure designed to safeguard the business’s operational needs. It is undisputed that this
period is the company’s busiest, given the high demand for tobacco products during the festive
season. Thus, a blanket ban on leave could be justified as an operational necessity aimed at
ensuring that the business remains profitable and adequately staffed during peak demand.
Limitations to Employer’s Directives
However, this managerial prerogative is not absolute. Any directive must be:
1. Lawful – It must not contravene legislation, collective agreements, or constitutional
rights.
2. Reasonable – It must be rationally connected to a legitimate business purpose.
3. Fair – It must not unjustifiably infringe upon the fundamental rights of employees.
