MRL3702 assignment 1 for Semester 1 2024 (Footnotes and Bibliography Included) Clicks Retailers (Pty) Limited v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 Case
MRL3702 assignment 1 for Semester 1 2024 (5X OPTIONS PROVIDED) covers the Legal Analysis: Clicks Retailers (Pty) Limited v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 Case - Substantive Unfair Dismissal and South African Labor Lawthe legal intricacies of the Clicks Retailers v Madikwe case l...
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, MRL3702 Assignment 1 Semester 1 2024
Comprehensive Solutions with Footnotes and Bibliography
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Due: March 2024
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Overview of Points Discussed and Covered in this Assignment:
1. Introduction to the Case:
• Clicks Retailers (Pty) Ltd v Madikwe and Others
• Application seeking to review an arbitration award
2. Background Facts:
• Dismissal of Mr. Tshepang Vincent Madikwe and Xolani Ntuli
• Allegations of gross dereliction of duty related to cash shortages
• Forensic investigation led by Mr. Willem Nel
3. Grounds of Review:
• Clicks accuses Madam Commissioner Nomsa Mbileni of misconduct
• Failure to apply mind and consider relevant evidence
4. Evaluation of Substantive Fairness:
• Scrutiny of seriousness of failure to comply with Standard Operating
Procedures (SOP)
• Application of Section 188 of the Labour Relations Act 66 of 1995
(LRA)
5. Application of Legal Principles:
• Reference to the Labour Appeal Court (LAC) decision in Makuleni v
Standard Bank of South Africa Ltd and Others
• Adherence to established legal principles for consistency in
interpretations
6. Protection of Employees' Rights:
• Refusal to interfere with the arbitration award
• Upholding fairness and reasonableness as per the LRA
1
, 7. Balancing Substantive and Procedural Fairness:
• Dual importance of valid reasons (substantive fairness) and fair
procedures (procedural fairness)
• Ensuring accountability for both justifiability and fairness in dismissal
decisions
8. Review Standard in Arbitration Decisions:
• Emphasis on the reasonableness standard in reviewing arbitration
decisions
• Fair reading of the award, even-handed assessment, and avoidance of
untenable conclusions
9. Evaluation of Allegations and Evidence:
• Meticulous evaluation of Clicks' allegations against Commissioner
Mbileni
• Differentiation between failure to take evidence into account and
misconstruction of evidence
10. Interpretation of SOPs:
• Clicks' contention on the interpretation of 'management' in SOPs
• Refusal to interpret 'management' as a collective unit to prevent absurd
interpretations
11. Reasonableness of the Arbitration Award:
• Determination that the arbitration award is reasonable, justifiable, and
falls within the bounds of reasonableness
• Caution against succumbing to alternative arguments and the need for
egregious circumstances for setting aside an award
12. Conclusion:
• Significance of the legal opinion in shaping South African labor law
• Emphasis on established legal principles, protection of employees'
rights, and nuanced consideration of fairness in dismissals.
QUESTION 1
Facts of the Case:
In the case of Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19)
[2023] ZALCJHB 67 (14 March 2023),1 the dispute arose when Clicks sought to
1 Clicks Retailers (Pty) Limited v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67.
2
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