MRL3702
ASSIGNMENT 2
DUE DATE: 15 SEPT 2025
, MRL3702
ASSIGNMENT 2 S2 2025
DUE: 15 SEPT 2025
1. Employer’s leave-policy vs. religious rights
With reference to the relevant legal authority, advise on the following –
Whether #23&24 has the right to issue the statement above and why?
Under South African law,
An employer may determine when annual leave is taken. The Basic Conditions of
Employment Act (BCEA) provides that if there is no agreement on leave dates, the
employer may fix the timing of leave. In this case, #23&24 can therefore impose a “no-
leave” rule during its busiest week. However, that authority is not absolute. The
Constitution (sections 9 and 15) and the Labour Relations Act (LRA) together with the
Employment Equity Act (EEA) prohibit discrimination on religious grounds. A blanket
ban on leave during days of religious observance could indirectly infringe these rights.
For example, in TFD Network Africa v Faris (2019) an employee refused to work
Saturdays for religious reasons and was dismissed for incapacity; the court held the
dismissal automatically unfair because it was based on religion. At last, while an
employer may prioritize business needs (per BCEA section 20), it must still consider an
employee’s right to worship. Courts require employers to reasonably accommodate
religious practices where possible, rather than insist unilaterally on work obligations.
ASSIGNMENT 2
DUE DATE: 15 SEPT 2025
, MRL3702
ASSIGNMENT 2 S2 2025
DUE: 15 SEPT 2025
1. Employer’s leave-policy vs. religious rights
With reference to the relevant legal authority, advise on the following –
Whether #23&24 has the right to issue the statement above and why?
Under South African law,
An employer may determine when annual leave is taken. The Basic Conditions of
Employment Act (BCEA) provides that if there is no agreement on leave dates, the
employer may fix the timing of leave. In this case, #23&24 can therefore impose a “no-
leave” rule during its busiest week. However, that authority is not absolute. The
Constitution (sections 9 and 15) and the Labour Relations Act (LRA) together with the
Employment Equity Act (EEA) prohibit discrimination on religious grounds. A blanket
ban on leave during days of religious observance could indirectly infringe these rights.
For example, in TFD Network Africa v Faris (2019) an employee refused to work
Saturdays for religious reasons and was dismissed for incapacity; the court held the
dismissal automatically unfair because it was based on religion. At last, while an
employer may prioritize business needs (per BCEA section 20), it must still consider an
employee’s right to worship. Courts require employers to reasonably accommodate
religious practices where possible, rather than insist unilaterally on work obligations.
