Abstract
LL.M. (Labour Law)
An employee does not have an automatic right to, take off for, religious holidays in the South
African workplace. However, employees that belong to the majority religion, has an automatic
right to, take off for, a few of their religious holidays in the workplace because these holidays
are also official public holidays. Legislation and the Constitution protects employees against
acts of unfair religious discrimination in the workplace, but both are silent on the nonrecognition
of religious holidays in the workplace. Case law illustrates that that must be a
balance between the rights of the employer and the rights of the employee. The employer has
a duty to reasonably accommodate the religious holiday(s) of the employee, however the
inherent requirement of the job and undue hardship must be considered. The Canadian legal
system illustrates that both the employer and the employee has a duty to mutually accommodate
each other in the workplace. It is inconclusive when the non-recognition of religious holidays
constitutes unfair discrimination in the South African workplace. What is certain is that, the
employer is obliged to grant the employee a day off, to observe a religious holiday, in
circumstances, when the non-recognition of a religious holiday(s), in the workplace, constitutes
unfair discrimination.