Class notes
MRL3702 PORTIFOLIO SUPER SEMESTER 2021
- Course
- Institution
All questions covered
[Show more]
Seller
Follow
Llbtutor
Reviews received
Content preview
MRL3702 PORTIFOLIO SEP/NOV 2021ALL QUESTIONS COVERED
CASE LAW, LEGISLATION PROVIDED AS REFERENCE
, Question 1
1.1
a) The ground of dismissal in question would be for “Operational requirements”,
A dismissal based on operational reasons is regarded as a ‘no-fault’ dismissal, because the
termination does not result from the actions or fault of the employee. The terms ‘operational requirements’
is defined in the LRA and the definition distinguished four broad categories of operational requirements:
• economic needs
• technological needs
• structural needs, and
• similar needs
An employer’s economic needs relate to the financial management of the enterprise including
Financial difficulties experienced by the business as a result of changes in the market, a decrease in
production itself, in government subsidies or the cost implications of compliance with the BCEA.
Kotze v Rebel Discount Liquor Group (Pty) Ltd
It was stated that the court should not ‘second guess’ the employer’s commercial reasons for taking a
specific decision to retrench employees. In later decisions the court adopted a stricter approach and held
that the employer’s version will not merely be accepted on face value. Rather, the court itself should
determine whether retrenchment had a reasonable basis and the commercial rationale. In a later judgment,
the court held that the retrenchment should remain a matter of last resort.
b)
i. If a dismissal is large-scale dismissal as described in S189A LRA then the provisions of
this section as well as Section 189 apply. The application of S189A depends on two factors:
1. The number of employees employed by the employer; and
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Llbtutor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $22.69. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67866 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now