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Summary MRL2601 ASSIGNMENT 2 SEMESTER 1 - 2023 (588410)
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- University Of South Africa (Unisa)
MRL2601 ASSIGNMENT 2 SEMESTER 1 - 2023 () DUE DATE: 12 APRIL 2023
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MRL2601 ASSIGNMENT 2SEMESTER 1 - 2023
UNIQUE NUMBER: 588410
DUE DATE: 12 APRIL 2023
, QUESTION 1
Themba, who was a manager of the Men’s Club, approached the Commission for
Conciliation, Mediation and Arbitration (the CCMA) seeking severance pay after he was
retrenched. The trade union that he belongs to was informed that he was not employed
by the Men’s Club, but that he was in fact employed by a company named Bad Boys (Pty)
Ltd. The trade union duly cited Bad Boys (Pty) Ltd as the respondent in a referral to the
CCMA. The sole director and shareholder of Bad Boys (Pty) Ltd, Tendai Munyai, during
conciliation indicated that the Men’s Club was insolvent and that Themba had been
dismissed for operational reasons. The commissioner advised Themba to refer an unfair
dismissal dispute. When the matter was referred for arbitration, both the Men’s Club and
Bad Boys (Pty) Ltd were cited as respondents. After hearing the matter, the commissioner
ordered Bad Boys (Pty) Ltd to pay Themba an amount of R250 000 for his unfair dismissal.
However, it was discovered that Bad Boys (Pty) Ltd had no assets. In fact, Tendai Munyai
who also participated in the running of the business had provided financial assistance to
Bad Boys (Pty) Ltd and he had secured claims against the company for repayment of the
loan amounts.
Themba intends to seek an order from the Labour Court to the effect that Tendai Munyai
was his true employer and that he must pay him the amount of R250 000. With reference
to the relevant legislation and case law, indicate what Themba would have to prove in
order to hold Tendai Munyai liable.
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