2026 QUESTIONS WITH ANSWERS GRADED
A+
◉ FIRST STEP. Answer: Determine if conduct of the employer amounts
to dismissal
Determine whether it is automatically unfair, if not whether it is fair or
unfair.
◉ CONTRACT OF EMPLOYMENT MAY BE TERMINATED IN ON
OF THE FOLLOWING WAYS. Answer: 1. resignation by the employee
concerned
2. on completion of an agreed period or task
3. by mutual agreement
4. on the grounds of impossibility of performance
5. as a result of the insolvency of the employer
6. as a result of retirement
◉ HOW TO DETERMINE UNFAIR DISMISSAL. Answer: 1.
Determine whether or not there was a dismissal
2. if there was, determine reason for dismissal.
, 3. if dismissal was based on some form of discrimination it could be an
automatically unfair dismissal
4. If reason was not discriminatory, one must determine whether it
related to misconduct, incapacity or operational reasons,
5. Was correct procedure followed
◉ IF NOT DISMISSAL AS DEFINED. Answer: Does not necessarily
mean that dismissal was unfair. Employee must show that what occurred
was dismissal (in one of the forms listed in the definition) and then the
employer will get the opportunity to show that the dismissal was not
unfair.
◉ EFFECT OF COMPULSORY LIQUIDATION OR
SEQUESTRATION ON THE EMPLOYMENT CONTRACT. Answer:
Upon sequestration of the employer contract of employment a period of
45 days. During this period employee does not have to render services to
the employer and the employee will not receive any payment or benefits
during this period. Employee may claim compensation from the
Unemployment Insurance Fund.
Trustee or liquidator decides whether contracts of employment should
continue after 45 days. Unless there was an agreement of continued
employment all suspended contracts will automatically terminate after
the date of insolvency.