MRL3702 Assignment 2
Semester 2 2025 |
ANSWERS
NO PLAGIARISM
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MRL3702 Assignment 2 Semester 2 2025 |
ANSWERS
Course
Labour Law (MRL3702)
Institution
University Of South Africa
Book
Labour Law
Labour Law - MRL3702 Assignment 2 Semester 2 2025; 100 % TRUSTED
workings, Expert Solved, Explanations and Solutions ASSIGNMENT 2 S2 2025
Tselane works for #23&24 (Pty) Ltd (#23&24) as a manager. #23&24
produces and sells exclusive tobacco on a large scale. Its main clients are
the middle-class youth who treat smoking as a lifestyle thing. The tobacco
business performs well during the year, but sales go even higher in the last
week of December when everyone is home. Tselani is also an intern pastor
at Ko - kerekeng of God (KG) where, he is required to deliver sermons on
every day of the last week of December. Phiri is Tselani’ s senior manager at
#23&24. He issued a work roster and a statement that nobody must take
leave during the last week of December as this is a busy period for the
business and that, #23&24 reserves its right to discipline employees, which
includes the dismissal of the transgressors. Tselani is now torn between
delivering sermons at KG and thus being absent from work and managing
#23&24 at such a crucial time of the year and thus not fulfilling his religious
obligations. Tselani consulted Ngwana-Thupana, a friend, who then referred
him to you for advice. NB: Tselani’ has not taken any leave from his annual
leave. With reference to the relevant legal authority, advise on the following
– • Whether #23&24 has the right to issue the statement above and why?
(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) • Define the kind of ground of dismissal which #23&24 may rely on? (4) •
Advice both Tselani and #23&24 on how else this situation can be handled in
terms of the law, without a disciplinary action. (2) [10]
Right to Issue a Statement
Yes, #23&24 has the right to issue the statement. This is because employers have the right to
manage their business and a crucial aspect of this right is the ability to determine when
employees can take leave. This is supported by Section 20 of the Basic Conditions of
Employment Act (BCEA), which states that the timing of annual leave is determined by the