Exam (elaborations)
IRM1501 MAY JUNE 2024 PORTFOLIO Semester 1 2024
- Course
- IRM1501 (IRM1501)
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS IRM1501 MAY JUNE 2024 PORTFOLIO Semester 1 2024 - DUE 27 May 2024
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+254792947610IRM1501 MAY
JUNE 2024
PORTFOLIO
Semester 1 2024
- DUE 27 May
2024
QUESTIONS WITH DETAILED ANSWERS
, IRM1501 MAY JUNE 2024 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 Commissioner ruled the dismissal unfair, but the Labour Court and
later the Labour Appeal Court (LAC) disagreed.
Mr. Sidumo appealed to the Constitutional Court.
Legal Question:
What standard should be used to determine the fairness of a dismissal for
misconduct?
Reasoning and Findings (Ratio Decidendi):
The Constitutional Court overturned the LAC's decision and previous rulings that
applied a "reasonable employer" test.
This test granted deference to the employer's chosen sanction (dismissal in this
case).
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