MRL3702
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: SEPTEMBER 2025
, Assignment 2 S2 2025
Question 1: Whether #23&24 has the right to issue the statement above and why
(2)
Yes, #23&24 has the right to issue the statement.
An employer has the prerogative to regulate working hours, operational requirements
and leave during peak business periods. Section 187(2)(a) of the Labour Relations
Act 66 of 1995 (LRA) recognises that an employer may refuse leave and impose
operational rules provided they are reasonable and applied fairly. In this case,
December is a peak trading period and the instruction to all employees not to take leave
is based on legitimate operational requirements.
Question 2: Ground of dismissal that #23&24 may rely on (2)
If Tselani absents himself from work to deliver sermons, #23&24 may dismiss him for
misconduct, specifically unauthorised absence from work or insubordination
(refusal to obey a lawful and reasonable instruction).
Question 3: Define the kind of ground of dismissal which #23&24 may rely on (4)
Dismissals in South African labour law fall under three broad categories (Schedule 8 of
the LRA – Code of Good Practice: Dismissal):
1. Misconduct – This occurs when an employee breaches a workplace rule, policy,
or standard of conduct. For example, absenteeism, insubordination, theft,
dishonesty, or negligence. A dismissal for misconduct must be both substantively
and procedurally fair.
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: SEPTEMBER 2025
, Assignment 2 S2 2025
Question 1: Whether #23&24 has the right to issue the statement above and why
(2)
Yes, #23&24 has the right to issue the statement.
An employer has the prerogative to regulate working hours, operational requirements
and leave during peak business periods. Section 187(2)(a) of the Labour Relations
Act 66 of 1995 (LRA) recognises that an employer may refuse leave and impose
operational rules provided they are reasonable and applied fairly. In this case,
December is a peak trading period and the instruction to all employees not to take leave
is based on legitimate operational requirements.
Question 2: Ground of dismissal that #23&24 may rely on (2)
If Tselani absents himself from work to deliver sermons, #23&24 may dismiss him for
misconduct, specifically unauthorised absence from work or insubordination
(refusal to obey a lawful and reasonable instruction).
Question 3: Define the kind of ground of dismissal which #23&24 may rely on (4)
Dismissals in South African labour law fall under three broad categories (Schedule 8 of
the LRA – Code of Good Practice: Dismissal):
1. Misconduct – This occurs when an employee breaches a workplace rule, policy,
or standard of conduct. For example, absenteeism, insubordination, theft,
dishonesty, or negligence. A dismissal for misconduct must be both substantively
and procedurally fair.
