MRL3702 - STUDY UNIT 6 TERMINATION OF AN EMPLOYMENT CONTRACT : DEFINITIONS OF DISMISSAL AND AUTOMATICALLY UNFAIR DISMISSAL STUDY GUIDE WITH COMPLETE SOLUTIONS

©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 WAYS IN WHICH TO PROVE DISMISSAL WAS NOT UNFAIR EMPLOYER MUST PROVE - Answer️️ -1. there was a fair reason for the dismissal (substantive fairness) 2. a fair procedure was followed (procedural fairness) BCEA DETERMINES - Answer️️ -Employer must give notice to an employee when terminating employment and provide minimum requirements for such periods. EXCEPTION EXISTS - Answer️️ -Where employee committed a serious breach of contract. Employer may then terminate the contract summarily. Employee will forfeit her/ his notice when summarily dismissed, employee must still get an opportunity to be heard in order to ensure that the employer acts procedurally fair. SA POST OFFICE LIMITED v MAMPEULE - Answer️️ -Employee removed as director of Post Office. Employer simultaneously terminated his employment because the articles of association of the PO state that when a director ceased to hold office for any reason, his contract terminated automatically and simultaneously. Court held that employee had a right not to be unfairly dismissed and could not contract out of this right, and a contract cannot provide for the automatic termination of a contract of employment. REFUSAL OR FAILURE BY THE EMPLOYER TO RENEW A FIXED TERM CONTRACT - Answer️️ -If an employee reasonably expects the employer to renew a fixed term contract of employment on the same or similar terms, but the employer offers to renew it on less favourable terms or does not renew it at all this will constitute a dismissal ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 5 Main question - did employers conduct create a reasonable expectation that the fixed term contract would be renewed. BLACK v JOHN SNOW PUBLIC HEALTH GROUP - Answer️️ -Applicant claimed that the non-renewal of her fixed-term contract (which had been renewed previously) constituted an unfair dismissal. Court emphasized that, while previous renewals were relevant to determine whether there was a reasonable expectation,they were not decisive. Employer never created a reasonable expectation that contract would be renewed. REFUSAL TO ALLOW AN EMPLOYEE TO RESUME WORK AFTER MATERNITY LEAVE - Answer️️ -If employer refuses to allow an employee to resume work after having taken maternity leave, this refusal (termination) will qualify as a dismissal. SELECTIVE RE-EMPLOYMENT - Answer️️ -Where employer dismisses a number of employees for the same or similar reasons, and subsequently offers to re-employ one or more of them, but refuses to re-employ another this will constitute a dismissal. Will not necessarily be unfair. It will not be unfair selective re-employment as long as the employer followed a fair procedure and can justify the selection for re-employment CONSTRUCTIVE DISMISSAL - Answer️️ -Where employee