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PREVIEW
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 but the issue they are discussing catches your attention because it
relates to one of the labour law aspects. What sparked the conversation is that a
certain Lepara who had reported to work under the influence of an unknown
intoxicating substance was told to leave the employer’s business premises and
never to set his foot there ever again. Mantsho and Moshoueu think that the
employer’s conduct amounted to an automatically unfair dismissal because the
employer did not afford Lepara an opportunity for a fair hearing. A lady next to you,
Lefofa who is studying Journalism at the same University nods her head in
agreement with Mantsho and Moshoueu. 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.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
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