IRM1501
PORTFOLIO Semester 1 2024
Detailed Solutions, References & Explanations
MAY JUNE 2024
Due Date: 27 May 2024
QUESTION 1 (3 ANSWERS PROVIDED)
Facts:
The employee, a security guard, was dismissed for failing to conduct searches in
accordance with the prescribed policy, or not conducting them at all. The employer claimed
that this was part of an attempt to minimize theft losses amounting to nearly R500 000.00
per day, while the employee claimed he was not properly trained and was performing tasks
of a more senior position.1 The CCMA reinstated the employee with 3 months’
compensation and a written warning, which was upheld by the Labour Court and LAC, but
overturned by the SCA. The Constitutional Court later restored the Commissioner's award.1
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