n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Employees' right to freedom of religion versus employers' commercial interests : a balancing act in favour of religious diversity : a decade of cases : analyses




Many people regard religion as central to their lives, including their activities at work. (See generally, David Bilchitz & Shaun De Freitas 'Introduction: The right to freedom of religion in South Africa and related challenges' (2012) 28 141; David Bilchitz & Alistair Williams 'Religion and the public sphere: Towards a model that positively recognises diversity' (2012) 28 146.) Moreover, it is common to encounter different religions (and, of course, different cultures, languages and social strata) in South African workplaces. And, although employees are entitled to practise their different religious beliefs in the workplace, a balance has to be struck between the right to freedom of religion, other relevant rights of co-employees, and the commercial interests of the workplace. This analysis explores the circumstances in which employees' right to freedom of religion should be reasonably accommodated and when it may be limited.


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