The Commission for Conciliation, Mediation and Arbitration (CCMA) held an arbitration hearing yesterday to decide whether Durban’s Life Entabeni Hospital acted unfairly towards a Muslim medical practitioner over her religious instructions to keep her arms covered.
The matter between Farzana Ismail and the institution was referred to the CCMA after talks between the two failed to reach an amicable agreement, reports IoL.
Ismail joined the hospital as a pharmacist in May 2011 before being promoted to the role of a clinical practice pharmacist in September 2016. Hospital management was aware of and approved her dress code, which covered her arms up to her wrists as per the Islamic dress code.
In March 2018, a new policy was introduced ordering that everyone entering the clinic area be bare below the elbows to avoid spreading infection. Three meetings were held between hospital management and Ismail to address her exception to the policy, however, no amicable solution was found.
Hospital management rejected Ismail’s proposals that she either wears an isolation gown or medical sleeves that could be changed between seeing patients. Management also reviewed her role as a clinical practice pharmacist and ordered her to work remotely as she did not need to attend ward rounds.
The matter was then referred to the CCMA in February, but in June 2021 an update was made to the “bare below elbow policy” that made concession for other religious practices, but not the Muslim religion.
The arbitration was to determine whether Ismail had been subjected to unfair discrimination regarding her religion; whether the policy was reasonable, whether she was entitled to compensation as a result of the discrimination, and whether management acted contrary to the provisions of the Employment Equity Act and whether their actions were justifiable.
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