The place of cultural rights in the workplace

Abstract

Freedom of religion is a constitutional right of every employee. It is the duty of the employer to respect and honour this freedom of religion of the employee. The question arises what the employer must do if there is conflict between the right to religion and the interests of the business. The current approach in the South African law is that the courts are of the opinion that employers are not very sensitive regarding the aspects of religion. Case law also favours the employee in case of judgements regarding the absence at the workplace due to religious reasons. The proposal is made that each case be investigated on its own merits. The approach should still be sensitive, but not so much that the legislation is boycotted. It is also recommended that no specific religion should get preference and that religion and science should work together. All religions must be given the same treatment, but the legislation should still be the determining factor.