“One of the hallmarks of an enlightened
egalitarian society is the right to freedom of religion. However,
respect for religious rights is not a confined absolute
right.”1 These are the opening words of a
recent Labour Appeal Court decision which provides insightful
analysis and debate on the inherent requirement of a job as a
defence to an automatically unfair dismissal
claim.
The Story Behind the Appeal
Sun International Management Limited employed
Lucky Sayiti as Marketing Manager: East Africa and Southern African
Development Community, a role he commenced on
16 March 2015. Mr Sayiti’s contract of employment
stated:
“…normal hours of work will be 08h30 to 17h00
Mondays to Fridays, with an hour for lunch. However, due to the
nature of the [employer’s] business, [the employee] will be
required to work longer hours from time to time without additional
compensation.”2
