Labour Law Mrl 3702 ASSGN 2 semester 1 2024

ASSIGNMENT 02 Mantsho and Moshoueu, LLB students for RR University are engaged in a conversation in a train from Pretoria to Tembisa. You are in the same train minding your business but the issue they are discussing catches your attention because it relates to one of the labour law aspects. What sparked the conversation is that a certain Lepara who had reported to work under the influence of an unknown intoxicating substance was told to leave the employer’s business premises and never to set his foot there ever again. Mantsho and Moshoueu think that the employer’s conduct amounted to an automatically unfair dismissal because the employer did not afford Lepara an opportunity for a fair hearing. A lady next to you, Lefofa who is studying Journalism at the same University nods her head in agreement with Mantsho and Moshoueu. Advise with reference to the relevant authority whether the view shared by Mantsho, Moshoueu and Lefofa is legally correct, give reasons for your answer and define an automatically unfair dismissal. (10) TOTAL:[10] answers The view shared by Mantsho, Moshoueu, and Lefofa is not legally correct. In terms of the Labour Relations Act 66 of 1995, an automatically unfair dismissal occurs when an employer dismisses an employee for a specific reason stipulated in the Act, such as an employee's trade union activities, pregnancy, family responsibilities, or participation in a protected strike. Dismissal for reporting to work....