MRL3702
ASSIGNMENT 2 SEMESTER 2 2023
, MRL3702 Assignment 2 Semester 2 2023
DUE DATE : September 2023
Legotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do her work efficiently, she
needs an advanced computer system fitted with the relevant software as a standard
resource for data capturing. Earlier in the year, TS requested all employees to indicate all
they need to do the job. Legotla indicated that she needs an advanced computer system
fitted with the necessary software for data capturing work.
Eight months later, no such equipment is supplied despite the queries she made almost
every month. In other words, Legotla has been working with an ill-equipped computer.
During the year-end performance assessment of the employees (assessment annually
conducted to determine the performance of each employee) Legotla' s performance was
found wanting, was disciplined, and punitively suspended from work for poor performance.
Legotla approached you for legal advice arguing that performing higher than what she did
was just not practically possible because, the equipment she used was not fit for the
purpose. Answer the following questions with reference to applicable legal authority:
(i) Explain the concepts ‘punitive suspension’ and the fairness of it as used in the case of
Legotla. (5)
(ii) Assume that Legotla resigns out of frustration two weeks after serving her suspension
because, once again she reminded TS to supply her with the necessary equipment for work
and got the following response ‘I do not need problems, I need solutions. Make yourself
helpful’.
A month after Legotla’s resignation TS receives an email from her and an attachment of a
form called Form 7.11 from the CCMA which directs the employer to appear before the
CCMA to answer the allegation of Legotla's unfair dismissal.
TS laughed the letter off and says, Legotla is indeed disturbed in the head because, she is
the one who resigned. Discuss the prospects of success Legotla has on her claim for unfair
dismissal if any, the nature of dismissal and how it works. (10)
(iii) Assume further that Legotla got an intel (internal information) from a colleague that the
employer bought new equipment just a week after her resignation. Based on that, Legotla
wants to be reinstated by TS.
Explain the concept, ‘reinstatement’ and the prospects of success Legotla has in her claim
for reinstatement. (5)
TOTAL: [20]
ASSIGNMENT 2 SEMESTER 2 2023
, MRL3702 Assignment 2 Semester 2 2023
DUE DATE : September 2023
Legotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do her work efficiently, she
needs an advanced computer system fitted with the relevant software as a standard
resource for data capturing. Earlier in the year, TS requested all employees to indicate all
they need to do the job. Legotla indicated that she needs an advanced computer system
fitted with the necessary software for data capturing work.
Eight months later, no such equipment is supplied despite the queries she made almost
every month. In other words, Legotla has been working with an ill-equipped computer.
During the year-end performance assessment of the employees (assessment annually
conducted to determine the performance of each employee) Legotla' s performance was
found wanting, was disciplined, and punitively suspended from work for poor performance.
Legotla approached you for legal advice arguing that performing higher than what she did
was just not practically possible because, the equipment she used was not fit for the
purpose. Answer the following questions with reference to applicable legal authority:
(i) Explain the concepts ‘punitive suspension’ and the fairness of it as used in the case of
Legotla. (5)
(ii) Assume that Legotla resigns out of frustration two weeks after serving her suspension
because, once again she reminded TS to supply her with the necessary equipment for work
and got the following response ‘I do not need problems, I need solutions. Make yourself
helpful’.
A month after Legotla’s resignation TS receives an email from her and an attachment of a
form called Form 7.11 from the CCMA which directs the employer to appear before the
CCMA to answer the allegation of Legotla's unfair dismissal.
TS laughed the letter off and says, Legotla is indeed disturbed in the head because, she is
the one who resigned. Discuss the prospects of success Legotla has on her claim for unfair
dismissal if any, the nature of dismissal and how it works. (10)
(iii) Assume further that Legotla got an intel (internal information) from a colleague that the
employer bought new equipment just a week after her resignation. Based on that, Legotla
wants to be reinstated by TS.
Explain the concept, ‘reinstatement’ and the prospects of success Legotla has in her claim
for reinstatement. (5)
TOTAL: [20]
