Other
MRL3702 ASSIGNMENT 01 SEMESTER 2 2023 ANSWERS 100 % PASS
- Institution
- University Of South Africa (Unisa)
MRL3702 ASSIGNMENT 01 SEMESTER 2 2023 ANSWERS 100 % PASS
[Show more]
Content preview
MRL3702 Assignment 1Semester 1 2023
, Shoprite Checkers (Pty) Ltd v Chiloane and Others (JR1280/20) [2021]
ZALCMPP 10 (5 November 2021))
Facts of the case
On 11 March 2020, Mr Chiloane (employee) employed by Shoprite
Checkers was dismissed due to charges of unacceptable
absenteeism/poor time keeping. This dismissal came after a series of
misconduct relating to poor time-keeping and absenteeism. When the
misconduct became incessant, the company imposed final written
warnings and on each occasion stated in the warnings that future
misconduct will lead to further action possible dismissal from the
company.
Aggrieved by the outcome of the disciplinary hearing, he referred an
unfair dismissal dispute to the CCMA. The commissioner found that the
dismissal was substantively unfair and ordered that he be re-instated
back to his position with full back pay.
Shoprite filed a review application in which the applicant seeks an order
to review and set aside the award issued by the commissioner.
Issue(s) in dispute in the case
Was the dismissal of Mr Chiloane dismissal was substantively fair?
The Court’s decision
The arbitration award issued by CCMA on is reviewed and set aside.
The decision of the third respondent is substituted with a
decision that the dismissal of the applicant (first respondent in
this matter) was both procedurally and substantively fair.
No order as to costs.
Legal opinion
Section 192 of the LRA provides that once dismissal is established, the
onus is on the employer to show that the dismissal is fair. Section 34 of
the Constitution provides that everyone has the right to have any dispute
that can be resolved by the
application of law decided in a fair public hearing before a court or, where
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller fbinstitute. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R200,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73918 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now