LLA101 / LLA262 (STADIO) Assignment 1 (QUALITY ANSWERS) Semester 1 2024 - DUE 22 April 2024
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Course
LLW101 - Labour Law (LLA101)
Institution
STADIO (STADIO)
Book
Labour Law Rules! Third Edition
This document contains workings, explanations and solutions to the LLA101 / LLA262 Assignment 1 (QUALITY ANSWERS) Semester 1 2024 - For assistance call or Whats-App us on 0.6.8...8.1.2...0.9.3.4........ Question 1 (17 marks)
1.1 Explain the differences between:
1.1.1 Substantive and procedural fa...
Substantive fairness refers to the reason for dismissal, focusing on whether
the employer had a just, fair, and equitable reason to dismiss the employee.
It involves determining if the misconduct or performance issue warrants
dismissal and if the employer followed the proper procedures in making the
decision.
Procedural fairness, on the other hand, refers to the process followed before
the dismissal takes place. It focuses on whether the employer conducted a
fair and proper procedure, including giving the employee the opportunity to
state their defense, providing an opportunity for representation, and
communicating the decision in writing.
1.1.2
The Labour Relations Act (LRA) governs the relationship between employers
and employees, including issues such as unfair dismissal, trade unions, and
collective bargaining. It provides guidelines for fair labor practices and sets
out the procedures for dispute resolution.
The Basic Conditions of Employment Act (BCEA) sets out the minimum
employment conditions for employees, including working hours, leave, and
termination of employment. While the LRA focuses on the broader
relationship between employers and employees, including the dispute
resolution process, the BCEA is more specific to the basic rights and
conditions of employment for all employees in South Africa. Both acts work
together to ensure fair and just treatment of employees in the workplace.
1.1.3.
The libertarian perspective of labor law focuses on individual rights and
freedom, and believes that the government should have minimal interference
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