This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct. Our societal norms are structured to accommodate healthy disagreement and diversity while providing for a culture of mutual respect and acceptance. Although our legal system is expected to fairly and effectively address conflict, disputes involving religious elements often require an assessment of issues beyond those typically encountered in many employment and human rights cases. Many courts and tribunals are ill-equipped to deal with these disputes. In some instances, adjudicators will entirely decline them, which give rise to substantial judicial uncertainty. Consider the case of a catering business aligned to a religious community which hires a food supervisor per an unwritten, mutual understanding of adherence to certain religious practices. These practices are maintained by the main customer group and deemed by the employer to be necessary for the business. After some time, the employer discovered the employee engaging in prohibited, after-work conduct, resulting in termination of the employment. How would a court […]
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