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Exam (elaborations)

MRL3702 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 11 September 2025

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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]

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MRL3702 Assignment
2 (COMPLETE
ANSWERS) Semester
2 2025 - DUE 11
September 2025

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, Right to Issue the Statement
Yes, #23&24 has the right to issue the statement prohibiting leave during the last week of
December. This is because the Basic Conditions of Employment Act (BCEA) of South Africa
gives employers the right to determine the timing of an employee's annual leave. According to
Section 20(10)(a) of the BCEA, an employer and an employee can agree on when leave will be
taken, but if they cannot agree, the employer has the final say. An employer can refuse a leave
request if it's for a legitimate operational reason, such as the business being exceptionally busy
during a specific period. The statement is a clear communication of this operational requirement.


Ground for Dismissal
If #23&24 were to dismiss Tselani for his absence, they would likely rely on the ground of
misconduct. Tselani's intentional absence from work, in defiance of a direct instruction from his

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