Accomodating employees with carbon dating books
In the workplace, the right to freedom of religion may for example be limited by the employer’s right to freedom of economic activity (i.e. However, in the same way that the employee’s rights are limited by those of the employer, the reverse is true as well: the employer cannot ride roughshod over the rights of employees.
When rights clash, a balance has to be struck and this has to be done in a fair and transparent manner.
For example: Practical implementation The principles taken from all of the above can be summarised as follows: The organisation’s rules, standards, policies and practices may not be (directly or indirectly) unfairly discriminatory – this is an obligation placed on all employers by the Employment Equity Act.
The rules or policies themselves may even make accommodation for different religious practices, e.g. Even in faith-based organisations, reasonable tolerance of other faiths, beliefs and cultures can be expected.
Given the need for efficient and quality services, the question is however to what extent the (religious / cultural) beliefs and practices of employees have to be accommodated.
The Courts have stated that it must be left to employers and their employees to develop systems in their workplaces when confronted with these challenges. Introduction In terms of the Constitution, parliament has the power and obligation to draft enabling legislation to support and give effect to constitutional imperatives.
Whilst rules and practices (such as dress code) may have perfectly valid operational or business justification and not be arbitrary or discriminatory on any particular ground, the rule in certain instances could be deemed as unfair discrimination.Those who do not subscribe to the others’ cultural beliefs should not trivialise them ………..What is required is reasonable accommodation of each other to ensure harmony and to achieve a united society.” Religion and Culture These are abstract concepts and therefore not so easy to pinpoint as perhaps race or gender.The courts are continuously called upon to determine legal disputes which may include the interpretation of legislation and testing compliance with constitutional principles.Although individual rights are guaranteed in the Constitution, they are not unlimited.