Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
12 April 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
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 FIRST
SEMESTER ASSIGNMENT 02 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.
Answer:
The view shared by Mantsho, Moshoueu, and Lefofa that the employer's conduct amounted to an
automatically unfair dismissal due to the lack of affording Lepara an opportunity for a fair hearing is
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