Exam (elaborations)
MRL3702ASSIGNMENT02 SEMESTER02 DUE 05SEPTEMBER2023
- Course
- MRL3702 (MRL3702)
- Institution
- University Of South Africa (Unisa)
MRL3702ASS02 SEMESTER02 DUE 05SEPTEMBER2023
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, MRL3702 ASS 02 SEMESTER02 DUE SEPTEMBERLegotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do
her work efficiently, she needs an advanced computer system fitted
with the relevant software as a standard resource for data
capturing. Earlier in the year, TS requested all employees to
indicate all they need to do the job. Legotla indicated that she
needs an advanced computer system fitted with the necessary
software for data capturing work. Eight months later, no such
equipment is supplied despite the queries she made almost every
month. In other words, Legotla has been working with an ill-
equipped computer.
During the year-end performance assessment of the employees
(assessment annually conducted to determine the performance of
each employee) Legotla' s performance was found wanting, was
disciplined, and punitively suspended from work for poor
performance. Legotla approached you for legal advice arguing that
performing higher than what she did was just not practically
possible because, the equipment she used was not fit for the
purpose.
Answer the following questions with reference to applicable legal
authority:
(i) Explain the concepts ‘punitive suspension’ and the fairness of it
as used in the case of Legotla. (5)
Punitive suspension refers to the act of suspending an employee
from work as a disciplinary measure for poor performance or
misconduct. It is a form of punishment imposed by the employer as
a consequence for the employee's actions or lack of performance.
In the case of Legotla, the employer suspended her from work
punitively due to her poor performance. The fairness of punitive
suspension depends on whether the employer followed fair
procedures and whether the suspension was proportionate to the
employee's actions or performance.
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