Can an employer prohibit the wearing of any religious, political, or any another form of dress in an effort to remain neutral when dealing with clients and customers?
Broadly, this is unlikely to pass muster with the country’s courts, says Fiona Leppan, director in the Employment Law practice at Cliffe Dekker Hofmeyr.
“Our courts have said that differentiation should not be based on exclusion, stigma or marginalisation. They actually steer away from absolute neutrality. You could have a situation in an employment context where an employer has to impose an outright rule such as no jewellery or no loose clothing.”
However, Leppan said that in order to introduce these rules there would have to be an inherent requirement of the job that warrants them.
She pointed to the Occupational Health and Safety Act which specifies no loose clothing, loose hair, jewellery or earrings when dealing with heavy machinery. This is because if you are working with moving machinery, and these items get caught, you could harm yourself or others.
“That’s a very good justification – it is objective, applies to all and it has a rational reason why it exists. While it is a fairly extreme example, it gives you the sort of justification necessary to support such a rule.”
Complaints
Where a dispute arises, Leppan said that an employee can refer the issue to statutory bodies such as the Commission for Conciliation, Mediation and Arbitration (CCMA), as well as national bargaining councils.
“Where they are...
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