Exam (elaborations)
Exam (elaborations) LRM3701 (LRM3701)
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Exam (elaborations) LRM3701 (LRM3701)
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info@furtherstudiesinstitute.com
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QUESTION 1
Click on the link, read the content and then answer the following questions:
1.1. Make use of the facts in this case study, determine whether or not the
dismissals in question werefair from a substantive point of view. [6
marks]
As per the given facts in the case study, the National Education, Health and
Allied Workers' Union (Nehawu) has condemned the dismissal of its shop
stewards at the University of South Africa (Unisa) as unfair. The union
claimed that the university did not follow the correct procedures in terminating
the employment contracts of the shop stewards who were fired with
immediate effect following their precautionary suspension for violating the
Unisa ethics code and employee disciplinary code.
However, from a substantive point of view, it appears that the dismissals were
fair. The shop stewards were suspended for violating the ethics code and
employee disciplinary code, and the university claimed that they incited public
violence and caused malicious damage to property during an awards
ceremony. These are serious allegations that would justify disciplinary action
against employees. The university also claimed that the shop stewards
disrupted the ceremony, which would have had a negative impact on the
institution's reputation.
In terms of the LRA, an employer must have a fair reason for dismissing an
employee, and the reason must be related to the employee's conduct,
capacity or compatibility with the employer's operational requirements.1 In this
case, the university had a fair reason for dismissing the shop stewards based
on their alleged misconduct. Moreover, the employer must follow a fair
1
See Section 186 of the Labour Relations Act 66 of 1995.
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