Exam (elaborations)
:MRL3702 ASSIGNMENT 3[COMPLETE ANSWERS] 2024 SEMESTER 2
:MRL3702 ASSIGNMENT 3[COMPLETE ANSWERS] 2024 SEMESTER 2
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
MRL3702 ASSIGNMENT:
3[COMPLETE ANSWERS]
2024 SEMESTER 2
Question 1: What are the main principles of unfair dismissal under South
African Labour Law?
Answer:
Introduction: Unfair dismissal is a significant area of concern in South African Labour Law,
governed primarily by the Labour Relations Act (LRA) of 1995.
Main Principles:
1. Definition of Unfair Dismissal:
○ According to Section 185 of the LRA, an employee is unfairly dismissed if the
dismissal is not based on a fair reason or if the dismissal process does not follow
a fair procedure.
2. Types of Dismissal:
○ Dismissal for Misconduct: The employee must be given a chance to respond
to the allegations against them. The employer must follow a fair disciplinary
process.
○ Dismissal for Poor Performance: The employer must provide adequate training
and support before considering dismissal.
○ Dismissal for Operational Requirements (Retrenchment): The employer must
follow a fair procedure, including consultation with affected employees and
consideration of alternative measures.
3. Fair Procedure:
○ The procedural fairness involves giving the employee a chance to be heard,
providing them with notice of the allegations, and conducting a proper
investigation before dismissal.
4. Remedies for Unfair Dismissal:
○ Employees may seek reinstatement, re-employment, or compensation through
the Commission for Conciliation, Mediation, and Arbitration (CCMA) if they
believe their dismissal was unfair.
, Conclusion: The principles of unfair dismissal are designed to protect employees from arbitrary
or unjust dismissal while ensuring that employers maintain a fair and transparent process.
Question 2: How does the concept of "constructive dismissal" apply in
South African Labour Law?
Answer:
Introduction: Constructive dismissal occurs when an employee resigns due to the employer's
conduct, which makes the working environment intolerable.
Application of Constructive Dismissal:
1. Definition:
○ Constructive dismissal occurs when an employee is forced to resign because the
employer has made continued employment untenable, as outlined in Section
186(1)(e) of the LRA.
2. Employer’s Conduct:
○ Examples of conduct that may lead to constructive dismissal include significant
changes to employment terms without consent, failure to address workplace
harassment, or creating a hostile work environment.
3. Employee’s Resignation:
○ The resignation must be directly linked to the employer’s conduct. The employee
must prove that the resignation was not voluntary but rather a result of the
employer’s actions.
4. Burden of Proof:
○ The burden of proof lies with the employee to demonstrate that the resignation
was due to the employer’s wrongful conduct and that there was no reasonable
alternative.
Conclusion: Constructive dismissal allows employees to claim unfair dismissal if they resign
due to unbearable conditions created by the employer, ensuring protection against unjust
working environments.
Question 3: What are the key provisions of the Basic Conditions of
Employment Act (BCEA) that impact employee rights?
Answer:
Introduction: The Basic Conditions of Employment Act (BCEA) aims to regulate the minimum
conditions of employment and ensure fair labor practices.
Key Provisions:
1. Working Hours:
○ The BCEA stipulates maximum working hours, including a standard workweek of
45 hours, with a limit of 9 hours per day for a five-day workweek or 8 hours per
day for a six-day workweek.
2. Overtime:
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 smartguide. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now