Abstract
In and of itself a constitutional democracy is meaningless. It is the extent to which our rights as individuals in a pluralistic society are given effect and respected that brings to life the constitutionally enshrined values and principles. Religious diversity in a secular society acts as a catalyst of ingredients for conflict in the workplace. Specific legislation has been enacted to give effect to the right against unfair discrimination. Our courts have implemented and interpreted such equality legislation as imposing a duty of accommodation on the employer with regards to the employee’s religion. Our labour-law jurisprudence on transfers of business has recognized a duty offairness that cuts both ways in favour of the employee and employer. In operational requirement exercises the co-operation of both parties is required. In Canada, a duty of mutual accommodation has been utilized in religious discrimination cases. The current duty of accommodation should be extended to include a duty of mutual accommodation given that religious pluralism is a phenomenon affecting both employee and employer, thus enjoining both parties to engage in realistic measures to embrace diversity.
Highlights
In and of itself a constitutional democracy is meaningless
The current duty of accommodation should be extended to include a duty of mutual accommodation given that religious pluralism is a phenomenon affecting both employee and employer, enjoining both parties to engage in realistic measures to embrace diversity
This paper focuses on how the doctrine of reasonable accommodation on the part of the employer should be extended to embrace a notion of mutual accommodation on the part of the employer and employee as a fairer means of adjudicating claims of religious discrimination – it is dispositive of constructively dealing with the phenomena of pluralism
Summary
It is the extent to which our rights as individuals in a pluralistic society are given effect and respected that brings to life the constitutionally enshrined values and principles. Religious diversity in a secular society acts as a catalyst of ingredients for conflict in the workplace. Specific legislation has been enacted to give effect to the right against unfair discrimination. Our courts have implemented and interpreted such equality legislation as imposing a duty of accommodation on the employer with regards to the employee’s religion. In Canada, a duty of mutual accommodation has been utilized in religious discrimination cases. The current duty of accommodation should be extended to include a duty of mutual accommodation given that religious pluralism is a phenomenon affecting both employee and employer, enjoining both parties to engage in realistic measures to embrace diversity
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