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Fair proposal , fair retrenchment, dispute resolution
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FAIR PROCEDURE, DISPUTE RESOLUTION, UNFAIR DISMISSAL , EMPLOYEMENT CONTRACT, EMPLOYEE CONFLICT RESOLUTION
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AMANTLE MATHULOE31426646
LARM 321
EVALUATION 3: CRITICAL
DISCUSSION
25 OCTOBER 2021
, Question 1
1.1 Section 186 of the Labour Relations Act include the following in the definition of dismissal:
(a) an employer has terminated a contract of employment with or without notice;
(b) an employee reasonably expected the employer to renew a fixed-term employment
contract on the same or similar conditions, however, the employer proposed to renew it
on less reasonable terms, or did not renew it at all;
(c) An employer denied letting an employee return to work after she-
(i) took maternity leave in compliance with any applicable law, collective bargaining
agreement, or her employment contract or;
(ii) had time off from work for up to four weeks before the estimated date of her child's
birth and up to eight weeks after the exact date of her child's birth;
(d) an employer who dismissed a number of workers for the same or comparable grounds
and proposed to re-hire one or more of them but refused to re-hire another; or
(e) An employee ended a contract of employment with or without notice because the
employer made the employee's continuing employment unbearable (OFFICE OF THE
PRESIDENT, 2021).
1.2. A dismissal is regarded inevitably unreasonable under Section 187(1) of the Labour
Relations Act if the basis for dismissal is:
● the employee's pregnancy expected pregnancy or any other pregnancy-related reason;
● a transfer or a reason for a transfer foreseen in sections 197 or 197A; and
● that the employer unfairly prejudiced against an employee on any arbitrary ground, such
as, but not limited to, race, gender, sex, ethnic or social origin, color, sexual preference,
age, disability, religion, conscience, belief, political view, culture, language, family status,
or family obligations.
● A laborer's intended action taken against the employer in reliance on any rights
conferred by this Act or participation in any activities in accordance with this Act
● compelling a worker to exercise a request in terms of an issue of collective gain between
the worker and the employer (Venter & Levy, 2014).
Question 2
Requirements for substantive fairness in terms of schedule 8 of the Labour Relations Act:
1
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