LLW2601
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2025
, LLW2601 ASSIGNMENT 2 2025
QUESTION 1 READ THE SCENARIO BELOW CAREFULLY AND ANSWER THE
QUESTIONS THAT FOLLOW
Mr Lindani Radebe is employed by the National Department of Housing and
Infrastructure (NDHI) as a Senior Technical Advisor. Over the past three years, he has been
nominated multiple times for internal promotion but has yet to be selected. On each occasion,
less-experienced candidates were appointed. No reasons have ever been communicated to Mr
Radebe regarding the selection decisions, despite his formal written requests.
Mr Radebe recently filed a grievance, questioning the transparency and consistency of the
promotion proess. Two weeks later, he was issued a written warning for
“interpersonal issues” allegedly affecting team performance. He denies these allegations and
claims there was no proper inquiry or opportunity to respond.
In addition, Mr Radebe’s access to a performance-linked housing subsidy, historically granted to
all staff with his job title and pay grade, was suddenly revoked, while his colleagues continue to
benefit from it. No justification was given. Mr Radebe has referred the matter to the CCMA.
ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW:
With reference to applicable legislation and case law, examine the conduct of the NDHI in the
scenario provided and assess whether Mr Radebe has valid grounds to challenge any of the
actions taken against him.
Discuss the significance of procedural fairness in disciplinary action within the above
context.
Mr Lindani Radebe, Senior Technical Advisor at NDHI, was repeatedly nominated but not
promoted over three years while less-experienced candidates were promoted; no reasons were
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2025
, LLW2601 ASSIGNMENT 2 2025
QUESTION 1 READ THE SCENARIO BELOW CAREFULLY AND ANSWER THE
QUESTIONS THAT FOLLOW
Mr Lindani Radebe is employed by the National Department of Housing and
Infrastructure (NDHI) as a Senior Technical Advisor. Over the past three years, he has been
nominated multiple times for internal promotion but has yet to be selected. On each occasion,
less-experienced candidates were appointed. No reasons have ever been communicated to Mr
Radebe regarding the selection decisions, despite his formal written requests.
Mr Radebe recently filed a grievance, questioning the transparency and consistency of the
promotion proess. Two weeks later, he was issued a written warning for
“interpersonal issues” allegedly affecting team performance. He denies these allegations and
claims there was no proper inquiry or opportunity to respond.
In addition, Mr Radebe’s access to a performance-linked housing subsidy, historically granted to
all staff with his job title and pay grade, was suddenly revoked, while his colleagues continue to
benefit from it. No justification was given. Mr Radebe has referred the matter to the CCMA.
ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW:
With reference to applicable legislation and case law, examine the conduct of the NDHI in the
scenario provided and assess whether Mr Radebe has valid grounds to challenge any of the
actions taken against him.
Discuss the significance of procedural fairness in disciplinary action within the above
context.
Mr Lindani Radebe, Senior Technical Advisor at NDHI, was repeatedly nominated but not
promoted over three years while less-experienced candidates were promoted; no reasons were
