MRL3702 Assignment 2 2024, Study Guides, Projects, Research of Educational Psychology

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UNISA

MRL

ASSIGNMENT 2

FIRST SEMESTER: ASSIGNMENT 02 UNIQUE NUMBER: DUE DATE: 2024 Take note of the following: Submission of the first compulsory assignment will give a student admission to the examination. The marks for this assignment will contribute 10 % to the student’s final marks. The marks a student obtains for the second compulsory assignment, will contribute another 10 % to the student’s final marks. The examination will then contribute 80 % towards a student’s final marks. ASSIGNMENT QUESTION ASSIGNMENT 02 S 1 Mantsho and Moshoueu, LLB students for RR University are engaged in a conversation in a train from Pretoria to Tembisa. You are in the same train minding your business.... Advise with reference to the relevant authority whether the view shared by Mantsho, Moshoueu and Lefofa is legally correct, give reasons for your answer and define an automatically unfair dismissal. In terms of South African labor law, an automatically unfair dismissal is defined under Section 187 of the Labour Relations Act (LRA). It occurs when an employer terminates an employee's contract of employment for reasons that are considered unfair and prohibited by law. Section 187(1)(f) specifically states that it is automatically unfair dismissal if the employee is dismissed because the employer unfairly discriminated against them directly or indirectly on any arbitrary ground.

Conclusion, An automatically unfair dismissal refers to a situation where an employer terminates an employee's contract of employment for reasons prohibited by law, such as unfair discrimination or failure to afford the employee a fair hearing. In the case of Lepara, the alleged dismissal without a fair hearing could potentially fall within the scope of automatically unfair dismissal. A South Africa, the legal framework governing unfair dismissal is primarily outlined in the Labour Relations Act (LRA) and the Employment Equity Act (EEA). These statutes provide comprehensive provisions to protect employees from arbitrary dismissal and discriminatory practices in the workplace. Labour Relations Act (LRA): Section 185 of the LRA establishes the fundamental right of every employee not to be unfairly dismissed. This means that an employer cannot terminate an employee's contract of employment in a manner that is unfair or contrary to the provisions of the Act. Section 186 of the LRA defines what constitutes dismissal. This includes termination by the employer with or without notice, constructive dismissal (where an employee resigns due to intolerable conditions created by the employer), and other scenarios such as refusal to renew a fixed-term contract or refusal to allow an employee to resume work after maternity leave. Section 187 enumerates specific instances of automatically unfair dismissals. These include dismissal for reasons related to an employee's exercise of rights (e.g.,

freedom of association), pregnancy or intended pregnancy, unfair discrimination, transfer of a business, and protected disclosures, among others. Employment Equity Act (EEA): The EEA complements the LRA by prohibiting unfair discrimination in the workplace based on specified grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnicity, social origin, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth. Section 6(1) of the EEA specifically prohibits direct and indirect unfair discrimination against an employee in any employment policy or practice based on the listed grounds. This provision aligns with the broader goals of promoting equality and eliminating discrimination in the workplace. In the case of Lepara, it is essential to analyze whether his dismissal violated any of the provisions outlined in the LRA and the EEA. Given that he was allegedly dismissed without a fair hearing and under circumstances that may constitute discrimination (based on assumed intoxication), it raises concerns regarding procedural fairness and potential discrimination. Under South African law, procedural fairness requires that an employee be given an opportunity to respond to allegations made against them before any decision to terminate their employment is made. Failure to afford this opportunity may render the dismissal procedurally unfair.

References:

E. Bertelsmann, Walter Herbert Mars Mars (2 008 ) Law of Insolvency in South Africa.

Constitution of the Republic of South Africa, 1996 : Preamble, Founding Provisions

(Chapter 1 ) and Bill of Rights (Chapter 2)