Podcast
Questions and Answers
Why did the employee seek the assistance of a traditional healer?
Why did the employee seek the assistance of a traditional healer?
She began to have visions.
Why did the employee take time off work?
Why did the employee take time off work?
To undergo sangoma sessions due to a calling from her ancestors
What was the issue with the certificate from the traditional healer?
What was the issue with the certificate from the traditional healer?
It was not considered a valid medical certificate
What did the traditional healer instruct the employee to do?
What did the traditional healer instruct the employee to do?
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Why did the employee request a month's unpaid leave?
Why did the employee request a month's unpaid leave?
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Why did the employer require a medical certificate?
Why did the employer require a medical certificate?
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What did the court reject as an argument from the employer?
What did the court reject as an argument from the employer?
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Why did the employer refuse the employee's request for leave?
Why did the employer refuse the employee's request for leave?
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What did the employee want from her employer?
What did the employee want from her employer?
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What was the outcome of the CCMA arbitration?
What was the outcome of the CCMA arbitration?
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What was the employee's fate after being absent without leave?
What was the employee's fate after being absent without leave?
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What is necessary to ensure harmony and a united society?
What is necessary to ensure harmony and a united society?
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Study Notes
Employee's Request for Leave
- An employee sought leave to attend a ritual ceremony to become a sangoma (traditional healer) to appease her ancestors.
- She submitted a certificate from her traditional healer, stating she suffered from "perminitions of ancestors" and needed to attend the month-long ceremony.
Employer's Response
- The employer refused the request for leave as the employee had no leave owing to her.
- The employer offered one week's unpaid leave, which the employee declined.
Consequences
- The employee absented herself for the entire period, leading to charges of misconduct.
- The employee was dismissed.
CCMA Arbitration
- The commissioner took into account the employee's notification of her whereabouts, submission of a supporting document, and communication with her manager.
- The commissioner found the employee's conduct justified, as she believed she had to choose a course that would save her life.
Labour Court Review
- The Labour Court found the commissioner's award well-reasoned and did not interfere with the award.
- The court noted that the employee's case was not about being sick in the conventional sense, but rather about her cultural and/or traditional belief.
Key Takeaways
- The employee's request was not about being sick, but about fulfilling her cultural obligations.
- The employer's requirement for a medical certificate was misplaced, as the employee was not seeking remuneration for her leave.
- The Constitution recognizes traditional beliefs and practices, and reasonable accommodation is necessary to ensure harmony and unity.
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Description
An employee's request for unpaid leave to attend a ritual ceremony sparks a discussion on accommodating traditional beliefs in the workplace. Learn about labour laws and cultural sensitivity.
