Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law

Abstract

In this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be discriminated against on the ground of religion within the labour relationship context. The enquiry takes account of international instruments that impact upon the issue, but more particularly looks at the position in South Africa where the Constitution and the several Acts relating to labour law are of special importance] and undertakes a comparative enquiry of the relevant provisions in the EU' The analysis highlights the many problems arising out of the need to have definitions for the vital terms and concepts relevant to the discussion, in particular, meaning of 'religion', 'discrimination', and 'inherent requirements of the job.