n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Accommodating religious or cultural beliefs in the workplace : : case notes

Volume 23, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



While litigation about Islamic head-scarves continues to occupy European and Turkish courts, South African courts are grappling to formulate a coherent jurisprudence on the rights of employees with other religious or cultural beliefs which conflict with employer regulations or operational requirements. The intensity of the head-scarf debate is in large measure about national identity (see P Lenta 'Muslim Headscarves in the Workplace and in Schools' (2007) 124 296). In contrast, democratic South Africa's national identity is founded, as it says in the Preamble to the Constitution, on the principle that we are 'united in our diversity'. Is this diversity reflected in judicial decisions? What are the justifications for limiting the s 31 rights 'to enjoy their culture, practise their religion'?

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