IRM1501 PORTFOLIO (COMPLETE ANSWERS) Semester % TRUSTED workings, explanations and solutions. for assistance Whats-App .......................................
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Course
IRM1501 PORTFOLIO Semester 1
Institution
University Of South Africa
IRM1501 PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 - DUE 27 May 2024 ; 100% TRUSTED workings, explanations and solutions. for assistance Whats-App ..................... QUESTION 1 The Constitutional Court of South Africa in the case of Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR ...
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JIMMYCOSMAS
, IRM1501 PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 - DUE 27
May 2024 ; 100% TRUSTED workings, explanations and solutions. for
assistance Whats-App......................
QUESTION 1
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg
Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to
be applied when determining the fairness of the dismissal. Discuss the case of
Sidumo in the prescribed format (facts, legal question, reasons for the
decision or ratio decidendi and the findings of the case) and highlight the test
that the Constitutional Court designed in deciding on fairness in labour law
matters. (15 Marks)
ChatGPT
Certainly! Here's the case of Sidumo v Rustenburg Platinum Mines Ltd & Others (2007) 12
BLLR 1097 (CC) outlined in the prescribed format:
Facts:
Mr. Sidumo, the appellant, was employed as a winch driver by Rustenburg Platinum Mines Ltd.
He was dismissed following a disciplinary hearing for his involvement in an altercation with a
co-worker. The dismissal was upheld by an arbitrator appointed in terms of the Labour Relations
Act, 1995. Mr. Sidumo challenged the fairness of his dismissal, arguing that the arbitrator's
decision was unreasonable.
Legal Question:
The central legal question in this case was whether the dismissal of Mr. Sidumo was fair in terms
of South African labor law, particularly regarding the reasonableness of the arbitrator's decision.
Reasons for the Decision (Ratio Decidendi):
1. Interpretation of Section 23(1) of the Constitution: The Constitutional Court
emphasized the importance of Section 23(1) of the South African Constitution, which
enshrines the right to fair labor practices. The Court stressed that the right to fair labor
practices is fundamental and must be protected.
2. Review of Arbitrator's Decision: The Court acknowledged that the arbitrator's decision
should not be interfered with lightly. However, it noted that the test for fairness of
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