Assignment 2 Semester 2 2025
Unique #
Due Date: 11 September 2025
Detailed solutions, explanations, workings
and references.
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, 1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes, #23&24 has the right to issue such a statement. Under the Labour Relations
Act 66 of 1995 (LRA) and the Basic Conditions of Employment Act 75 of 1997
(BCEA), the employer has the prerogative to regulate operational requirements and
ensure that work is performed during peak business periods. The instruction that no
leave may be taken during the busiest week of December is linked to the operational
needs of the business. Employers may lawfully limit leave if it is justified by
operational requirements, provided employees still enjoy their statutory minimum
annual leave.
2. If #23&24 dismisses Tselani under these circumstances, which ground of
dismissal may they rely on? (2)
The company would rely on dismissal for misconduct. Misconduct arises when an
employee deliberately disobeys a lawful and reasonable instruction from the
employer, such as the instruction not to take leave during the critical business
period.
3. Define the kind of ground of dismissal which #23&24 may rely on (4)
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