For many employers, their most important rationale each day is to ensure that their business and/or operational requirements are met. They achieve this objective, inter alia, by ensuring that their employees perform their functions so that their business is profitable. Employees have a fundamental duty to render a service and their employers have a commensurate right to expect them to do so.
However, what should an employer do when an employee is unable to come to work for a month because of visions, premonitions and a strong cultural belief about ancestors calling him/her to become a sangoma?
This very same incident occurred in Kievits Kroon Country Estate (Pty) Ltd v CCMA and Others [2011] 3 BLLR 241 (LC). This matter was first referred as an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) by the employee and after an unsuccessful conciliation, the matter was arbitrated by a Commissioner.
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