Department of Correctional Services & another v Police and Prisons Civil Rights Union (POPCRU) & others

The second to sixth respondents were male correctional officers employed at Pollsmoor Prison and members of POPCRU. They wore dreadlocks for sincerely held religious (Rastafarian) or cultural (Xhosa traditional healer initiation) reasons. A departmental dress code prohibited male officials from wearing dreadlocks, while female officials were permitted to do so. After a new area commissioner enforced the dress code strictly, the respondents were ordered to cut their hair. They refused on religious and cultural grounds, were suspended, charged with misconduct for breaching the dress code and disobeying a lawful instruction, and ultimately dismissed in June 2007. They challenged their dismissals in the Labour Court as automatically unfair under section 187(1)(f) of the Labour Relations Act 66 of 1995.

The appeal was dismissed with costs, including the costs of two counsel. The finding that the respondents’ dismissals were automatically unfair stood, together with the Labour Court’s orders of reinstatement and/or compensation.

This case is a leading authority on automatically unfair dismissal and workplace discrimination under section 187 of the LRA. It affirms strong protection for religious and cultural expression in employment, clarifies that neutral workplace policies may still be discriminatory in effect, and limits the scope of the ‘inherent requirement of the job’ defence. It is particularly important in requiring employers, including security institutions, to reasonably accommodate diversity unless strict necessity is proven.