Faris v TFD Network Africa (Pty) Ltd (C151/13) [2016] ZALCCT 51 (15 December 2016)

Faris v TFD Network Africa (Pty) Ltd (C151/13) [2016] ZALCCT 51 (15 December 2016)

The court found that the applicant was dismissed due to her refusal to work on Saturdays, which was directly linked to her religious beliefs as a Seventh-day Adventist. The respondent's argument that the dismissal was for incapacity was not supported by the evidence or the pre-trial minute, which established the issues for determination as including religious discrimination. The applicant's contract did not require Saturday work, and she had never worked on Saturdays during her employment. The court held that expert evidence was not necessary to establish the applicant's religious convictions, as her testimony and conduct sufficed. The respondent's reliance on incapacity and lack of...

Citation
[2016] ZALCCT 51
Parties
Applicant: Deidre Beverley Faris; Respondent: TFD Network Africa (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
15 December 2016
Case Number
C151/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 24 June 2015; Application for Condonation for Late Filing Also Considered.
Outcome
Application for condonation granted; application for leave to appeal refused.
Judges
Mooki
Legal Topics
Automatic Unfair Dismissal, Religious Discrimination, Jurisdiction of Labour Court, Compensation for Discrimination, Procedural Fairness, Condonation for Late Filing
Labour Law Automatic Unfair Dismissal Religious Discrimination Jurisdiction of Labour Court Compensation for Discrimination Procedural Fairness Condonation for Late Filing

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Parties

Deidre Beverley Faris

Applicant

TFD Network Africa (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 24 June 2015; Application for Condonation for Late Filing Also Considered.

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to determine the fairness of the applicant's dismissal for incapacity or religious discrimination.
  2. 2 Whether the dismissal was automatically unfair due to religious discrimination under section 187(1)(f) of the LRA.
  3. 3 Whether compensation for unfair discrimination may be awarded in addition to compensation for automatically unfair dismissal.

Ratio Decidendi

The court found that the applicant was dismissed due to her refusal to work on Saturdays, which was directly linked to her religious beliefs as a Seventh-day Adventist. The respondent's argument that the dismissal was for incapacity was not supported by the evidence or the pre-trial minute, which established the issues for determination as including religious discrimination. The applicant's contract did not require Saturday work, and she had never worked on Saturdays during her employment. The court held that expert evidence was not necessary to establish the applicant's religious convictions, as her testimony and conduct sufficed. The respondent's reliance on incapacity and lack of...

Court Disposition

Application for condonation granted; application for leave to appeal refused.

Orders

  • Condonation is granted for the late filing of the application for leave to appeal.
  • The application for leave to appeal is refused.