TDF Network Africa (Pty) Ltd v Faris (CA 4/17) [2018] ZALAC 30; [2019] 2 BLLR 127 (LAC); (2019) 40 ILJ 326 (LAC) (5 November 2018)

TDF Network Africa (Pty) Ltd v Faris (CA 4/17) [2018] ZALAC 30; [2019] 2 BLLR 127 (LAC); (2019) 40 ILJ 326 (LAC) (5 November 2018)

The court found that the respondent's dismissal was automatically unfair as it was directly linked to her religious beliefs. The employer failed to prove that the requirement to work on Saturdays was an inherent requirement of the job or that accommodating the respondent would cause undue hardship. The evidence showed that the respondent's absence from Saturday stock takes did not impact business operations, and the employer did not engage meaningfully with her proposals for accommodation. The court held that penalising an employee for practising her religion is a violation of dignity and constitutional rights. The Labour Court erred in awarding double compensation, as the evidence did...

Citation
[2018] ZALAC 30
Parties
Appellant: TDF Network Africa (Pty) Ltd; Respondent: Deidre Beverley Faris
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 November 2018
Case Number
CA 4/17
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment on Automatically Unfair Dismissal
Outcome
Appeal partially upheld; compensation limited to 12 months' remuneration for automatically unfair dismissal; costs awarded to respondent.
Judges
Davis, Murphy, Kathree-Setiloane
Legal Topics
Automatic Unfair Dismissal, Religious Discrimination, Reasonable Accommodation, Employment Equity Act, Inherent Requirements of Job
Labour Law Constitutional Law Automatic Unfair Dismissal Religious Discrimination Reasonable Accommodation Employment Equity Act Inherent Requirements of Job

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TDF Network Africa (Pty) Ltd

Appellant

Deidre Beverley Faris

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment on Automatically Unfair Dismissal

Legal Issues

  1. 1 Was the dismissal of the respondent automatically unfair on the ground of religious discrimination under section 187(1)(f) of the LRA?
  2. 2 Did the employer reasonably accommodate the employee's religious beliefs?
  3. 3 Was the requirement to work Saturdays an inherent requirement of the job justifying the dismissal?

Ratio Decidendi

The court found that the respondent's dismissal was automatically unfair as it was directly linked to her religious beliefs. The employer failed to prove that the requirement to work on Saturdays was an inherent requirement of the job or that accommodating the respondent would cause undue hardship. The evidence showed that the respondent's absence from Saturday stock takes did not impact business operations, and the employer did not engage meaningfully with her proposals for accommodation. The court held that penalising an employee for practising her religion is a violation of dignity and constitutional rights. The Labour Court erred in awarding double compensation, as the evidence did...

Court Disposition

Appeal partially upheld; compensation limited to 12 months' remuneration for automatically unfair dismissal; costs awarded to respondent.

Orders

  • The dismissal of the applicant is declared to have been automatically unfair in terms of section 187(1)(f) of the LRA.
  • The respondent (TFD) is ordered to pay the applicant compensation equivalent to 12 months’ remuneration in respect of her dismissal, calculated at the rate of remuneration at the date of her dismissal.