South Africa Case Law

Sun International Management Limited v Sayiti (JA 13/23)

Sun International Management Limited v Sayiti (JA 13/23) [2024] ZALAC 52; [2025] 1 BLLR 9 (LAC) (21 October 2024)

Court

Labour Appeal Court

Case number

JA 13/23

Judges

Savage, Van Niekerk, Nkutha-Nkontwana

The majority held that weekend work was an inherent requirement of the Marketing Manager position, as established by the employment contract, internal vacancy specification, and operational needs. The appellant accommodated the respondent's religious beliefs for a significant period, but the continued accommodation became unsustainable and disruptive to business operations. The appellant offered the respondent an alternative position, which he declined. The majority found that the appellant took reasonable steps to accommodate the respondent and that the dismissal was substantively and proced…

Source excerpt

• Automatic Unfair Dismissal
• Religious Discrimination
• Inherent Requirement Of Job
• Reasonable Accommodation
• Employment Equity Act
• Labour Relations Act

Sayiti v Sun International Management Limited (JS1019/16)

Sayiti v Sun International Management Limited (JS1019/16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023)

Court

Labour Court Johannesburg

Case number

JS1019/16

Judge

M T M Phehane

Labour Court held that dismissal for Sabbath observance was automatically unfair discrimination and ordered retrospective reinstatement.

• Automatically Unfair Dismissal
• Religious Discrimination
• Inherent Requirement Of Job
• Reasonable Accommodation
• Section 187 Lra
• Employment Equity Act