MRL3702
ASSIGNMENT 2
DUE DATE: 11 SEPTEMBER 2025
, MRL3702
ASSIGNMENT 2 2 2025
DUE SEPTEMBER 2025
Tselane works for #23&24 (Pty) Ltd (#23&24) as a manager. #23&24 produces and
sells exclusive tobacco on a large scale. Its main clients are the middle-class youth
who treat smoking as a lifestyle thing. The tobacco business performs well during the
year, but sales go even higher in the last week of December when everyone is home.
Tselani is also an intern pastor at Ko - kerekeng of God (KG) where, he is required to
deliver sermons on every day of the last week of December. Phiri is Tselani’ s senior
manager at #23&24.
being absent from work and managing #23&24 at such a crucial time of the year and
thus not fulfilling his religious obligations. Tselani consulted Ngwana-Thupana, a friend,
who then referred him to you for advice.
NB: Tselani’ has not taken any leave from his annual leave.
With reference to the relevant legal authority, advise on the following –
Whether #23&24 has the right to issue the statement above and why?
Employer’s Rostering Policy vs Religious Rights
South African law allows employers to regulate leave timing by business needs (BCEA
§20), so #23&24 may set a no-leave policy in its busiest week. However, this authority
is not unlimited. The Constitution guarantees freedom of religion and the Employment
Equity Act (via LRA §187(1)(f)) prohibits discrimination on religious grounds.¹ A blanket
ban on leave during a period of religious observance could indirectly infringe these
rights unless justified. In cases like TFD Network Africa (Pty) Ltd v Faris, courts
stressed that employers must “reasonably accommodate” religious practice and cannot
simply demand the employee solve the conflict.² Thus, while the employer can insist
staff work the busy period, it must still consider Tselani’s right to worship and find any
possible accommodation short of outright refusal.
ASSIGNMENT 2
DUE DATE: 11 SEPTEMBER 2025
, MRL3702
ASSIGNMENT 2 2 2025
DUE SEPTEMBER 2025
Tselane works for #23&24 (Pty) Ltd (#23&24) as a manager. #23&24 produces and
sells exclusive tobacco on a large scale. Its main clients are the middle-class youth
who treat smoking as a lifestyle thing. The tobacco business performs well during the
year, but sales go even higher in the last week of December when everyone is home.
Tselani is also an intern pastor at Ko - kerekeng of God (KG) where, he is required to
deliver sermons on every day of the last week of December. Phiri is Tselani’ s senior
manager at #23&24.
being absent from work and managing #23&24 at such a crucial time of the year and
thus not fulfilling his religious obligations. Tselani consulted Ngwana-Thupana, a friend,
who then referred him to you for advice.
NB: Tselani’ has not taken any leave from his annual leave.
With reference to the relevant legal authority, advise on the following –
Whether #23&24 has the right to issue the statement above and why?
Employer’s Rostering Policy vs Religious Rights
South African law allows employers to regulate leave timing by business needs (BCEA
§20), so #23&24 may set a no-leave policy in its busiest week. However, this authority
is not unlimited. The Constitution guarantees freedom of religion and the Employment
Equity Act (via LRA §187(1)(f)) prohibits discrimination on religious grounds.¹ A blanket
ban on leave during a period of religious observance could indirectly infringe these
rights unless justified. In cases like TFD Network Africa (Pty) Ltd v Faris, courts
stressed that employers must “reasonably accommodate” religious practice and cannot
simply demand the employee solve the conflict.² Thus, while the employer can insist
staff work the busy period, it must still consider Tselani’s right to worship and find any
possible accommodation short of outright refusal.
