Exam (elaborations)
IRM1501 PORTFOLIO Semester 1 2024 - DUE 27 May 2024
- Course
- IRM1501 (IRM1501)
- Institution
- University Of South Africa (Unisa)
IRM1501 PORTFOLIO Semester 1 2024 - DUE 27 May 2024
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IRM1501PORTFOLIO
Semester 1 2024 -
DUE 27 May 2024
[Company address]
, IRM1501 PORTFOLIO Semester 1 2024 - DUE 27 May
2024
QUESTION 1
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg
Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to
be applied when determining the fairness of the dismissal. Discuss the case of
Sidumo in the prescribed format (facts, legal question, reasons for the decision
or ratio decidendi and the findings of the case) and highlight the test that the
Constitutional Court designed in deciding on fairness in labour law matters.
(15 Marks)
Sidumo v Rustenburg Platinum Mines Ltd & Others (2007) - A Landmark Case in
Dismissal Fairness
Facts:
Mr. Sidumo was dismissed by Rustenburg Platinum Mines Ltd for failing to follow
established search procedures.
The Labour Court and Labour Appeal Court rulings differed on the fairness of the
dismissal.
Legal Question:
What standard should be used to determine the fairness of a dismissal for
misconduct?
Reasoning (Ratio Decidendi):
The Constitutional Court rejected the previously used "reasonable employer" test,
which granted deference to the employer's chosen sanction.
The Court emphasized that fairness should be assessed objectively, considering all
relevant factors.
Findings:
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