Assignment 1Semester 2 2024
QUESTION 1
Legal Analysis: Woolworths (Pty) Ltd v Commission for Conciliation, Mediation
and Arbitration and Others
Summary of the Facts
The lawsuit centres on an occurrence that transpired on 9 June 2018. Brian Hilton
Alexander, the third respondent, notified his employer, Woolworths (Pty) Ltd, that he
was unable to come to work due to illness. Nevertheless, Alexander made the decision
to go to a rugby match in Port Elizabeth, which required him to travel for an hour from
his home in Jeffreys Bay. Upon investigation, Alexander's management found out that
he had really attended the match on the day he had claimed to be ill. Woolworths later
accused Alexander of severe misconduct, claiming that he had misused approved sick
leave. Following a disciplinary hearing, he was found guilty and subsequently
dismissed. Subsequently, Alexander lodged an unjust dismissal claim with the
Commission for Conciliation, Mediation, and Arbitration (CCMA).