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LRM3702 Assignment 4

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LRM3702 Assignment 4 Multiple Choice Questions and Answers

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Read the scenario below and answer the question that follows:


Abdullah works at a manufacturing plant, where he has been employed for three years.
One day, he arrives at work late due to a car accident on his way to work. When he arrives,
his supervisor, Sarah, yells at him in front of his colleagues, accusing him of being careless
and unreliable. She then informs him that he will not be paid for the day’s work and
assigns him menial tasks for the rest of the day, despite the fact that Abdullah has never
been late to work before.


The next day, Abdullah receives a written warning from HR, citing his lateness as a breach
of company policy. The warning also mentions that future violations will result in more
severe disciplinary action, including possible termination.


Which approach to discipline was followed in Abdullah’s case?


1 Negative approach
2 Positive approach
3 Discriminative approach
4 Unfair approach
Select one:

Negative approach
Positive approach
Discriminative approach
Unfair approach
Read the scenario below and answer the question that follows.


Thabo worked as a driller for ABC Mining Company for five years. He was a member of
the National Union of Mineworkers (NUMSA), which represented a significant number of
workers in the mining sector in South Africa. The union had been in wage negotiations
with the company for several months, but the talks had stalled, and the workers were
dissatisfied with the company's offer.


In response, NUMSA called for a protected strike, and Thabo and many other workers
participated. The strike lasted for two weeks, during which time there were several clashes
with security forces hired by the company. Eventually, the strike was called off when the
company agreed to resume negotiations.


However, a few days after the strike ended, Thabo received a letter from ABC Mining
Company informing him that his services were no longer required. The letter stated that

,the company was downsizing and that Thabo's position had been eliminated. Thabo was
surprised and confused, as he had not received any warning or indication that his job was
in danger before the strike.


NUMSA investigated the matter and discovered that Thabo's dismissal was not due to the
company downsizing but was a result of his participation in the protected strike. The union
realised that Thabo had been the only worker in his section to participate in the strike, and
the company had probably singled him out for dismissal as a warning to other workers.




This is an example of a _______________.


unfair labour practice
automatically unfair dismissal
discriminatory labour transgression
dismissal based on operational requirements
Select one:

unfair labour practice
automatically unfair dismissal
discriminatory labour transgression
dismissal based on operational requirements
Read the scenario below and answer the question that follows.


Mary has been working as a cashier at a retail store for five years. One day, she gets into a
heated argument with a customer who accused her of overcharging him. The argument
quickly escalates, and Mary throws a product at the customer, causing it to break. The
store manager witnesses the incident and immediately suspends Mary from work, pending
an investigation.


During the investigation, it is discovered that Mary has a history of similar incidents with
customers, but she was only given verbal warnings in the past. The store manager decides
to terminate Mary's employment due to the severity of her actions and her past disciplinary
record.


Mary is verbally informed of her dismissal, and the reasons for it, in an informal meeting
with the store manager. The manager explains that the decision to terminate her
employment was based on her aggressive behaviour and disciplinary history. However, the

, manager did not give Mary an opportunity to respond to the allegations and failed to offer
her the opportunity to be accompanied by a trade union representative or fellow employee.


Mary feels that her dismissal was unfair and takes her case to the CCMA.


According to the Labour Relations Act 66 of 1995 (LRA), all employees have the right not
to be unfairly dismissed. Refer to the legal requirements as set out in the LRA and decide
which of the following statements about the fairness of Mary’s dismissal, are accurate.


Answer the question by selecting either true or false from the dropdown menu.


Mary’s dismissal was procedurally fair False
Answer 1
Mary’s dismissal was procedurally unfair True
Answer 2
Mary’s dismissal was substantively fair True
Answer 3
Mary’s dismissal was substantively unfair False
Answer 4
Mary’s dismissal was automatically unfair False
Answer 5
Read the following extract from a news report below and then answer the question that
follows.


Metro Power employee fired for collusion with contractor


Another Metro Power employee has been axed after he was found guilty of granting
payments for work not done at the Eldorado Park Substation in Johannesburg. MMC for
Environment and Infrastructure Services Neels Kok announced on Sunday that the
employee had been found guilty of collusion with contractors leading to the unlawful
payments made. "The employee was suspended when Metro Power initiated the
investigation into his involvement. He was found guilty of gross negligence in his duties,
resulting in financial loss to the City of Johannesburg," Kok said in a statement.


Source: Adapted from Mitchley, A. 2019. City Power employee fired for collusion with
contractor. News 24, 10 March. Available
from https://www.news24.com/SouthAfrica/News/city-power-employee-fired-for-
collusion-with-contractor-20190310 [Accessed: 30 March 2023].


According to the Labour Relations Act 66 of 1995 (LRA), there are three grounds on
which an employee can be dismissed. On which ground was the City Power employee
dismissed?

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