MRL3702
Assignment 2
Unique No:
Due 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and established labour
law principles, an employer has the right to regulate and manage employee
leave, particularly during peak operational periods.
Employers may therefore lawfully place restrictions on leave applications during
critical business cycles in order to safeguard productivity and protect operational
requirements.
The instruction issued by #23&24 is thus considered lawful and reasonable.
2. Assume that #23&24 dismisses Tselani under these circumstances. Which
ground of dismissal may #23&24 rely on for the dismissal of Tselani? (2)
The dismissal would be based on misconduct, specifically:
o Unauthorised absence from duty, or
o Insubordination for failing to comply with a lawful and reasonable
instruction.
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
A misconduct dismissal occurs when an employee deliberately disregards
workplace rules, established policies, or a direct instruction from the employer.
In line with Schedule 8 of the LRA: Code of Good Practice on Dismissal,
misconduct is established when:
1. The employee knew or could reasonably be expected to know about the
workplace rule or instruction.
2. The instruction or rule was lawful, reasonable, and consistently applied.
3. The employee failed to comply with the rule or instruction.
Assignment 2
Unique No:
Due 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and established labour
law principles, an employer has the right to regulate and manage employee
leave, particularly during peak operational periods.
Employers may therefore lawfully place restrictions on leave applications during
critical business cycles in order to safeguard productivity and protect operational
requirements.
The instruction issued by #23&24 is thus considered lawful and reasonable.
2. Assume that #23&24 dismisses Tselani under these circumstances. Which
ground of dismissal may #23&24 rely on for the dismissal of Tselani? (2)
The dismissal would be based on misconduct, specifically:
o Unauthorised absence from duty, or
o Insubordination for failing to comply with a lawful and reasonable
instruction.
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
A misconduct dismissal occurs when an employee deliberately disregards
workplace rules, established policies, or a direct instruction from the employer.
In line with Schedule 8 of the LRA: Code of Good Practice on Dismissal,
misconduct is established when:
1. The employee knew or could reasonably be expected to know about the
workplace rule or instruction.
2. The instruction or rule was lawful, reasonable, and consistently applied.
3. The employee failed to comply with the rule or instruction.
