Key facts of the case - The applicant was a jobless Seventh day Adventist who had declined a position on the ground that it implied working occasionally on Saturday. The Brussels Labour Court of Appeal held in a ruling of 21 January 1982 that this refusal was not justified, deeming that this religion allows working on Saturday for sustenance, while seeking after accommodation with the employer.

Main reasoning of the court - The Court of cassation overturns this ruling on the ground that the judge cannot assume on basis of the mere fact that the unemployed did not make any reservations at the time of enrolling as a jobseeker that he has to accept any work schedule including one that requires work on Saturday, the day of Sabbath in his religion. The judge must look into the facts (in concreto) to assess the reality of the job rejection.

Comment - It was later held by the Bergen Labour Court of Appeal (8 November 1985, Chr. dr. soc., 1986, p. 73) that in order for a religious prescription to be taken into account, it must be ‘imperative’ for the person in question. This means that it has to: 1. Belong to the essence of the faith and 2. Have an absolute character (non-negotiable). The person invoking the conviction has to be a genuine and practicing faithful. In this case the rejection of a job requiring work on Saturday was justified.