Labour Law 783 Tutorial Answer Guideline

LABOUR LAW 783
TUTORIAL GUIDELINE

, TUTORIAL 1




Guideline:

- A was grossly negligent.
- Inflated Salary
- Performed work unsatisfactorily.



a) Relevant Sections


✓ Section 37(6)(b) of Basic Conditions of Employment Act (BCEA)
✓ The Labour Relations Act Sections 185, 186 and 187
✓ EEA Chapter 2(6)(1)



b) Explain Relevant Sections


- BCEA Section (6)(1)
✓ States that employment contract can’t be terminated without notice.
✓ Taken into consideration because we don’t know if she was given notice or
summarily dismissed.

, - LRA 185
✓ Addresses the right not to be dismissed or subjected to unfair labour practices.


- LRA 186
✓ Provides meaning of dismissal & unfair labour practices


- LRA 187
✓ Provides for automatically unfair dismissal since employee was pregnant at the
time.


- EEA Ch2 (6)(1)
✓ Addresses that no1 should be discriminated against on the grounds of pregnancy.


c) Causes of action


✓ Right not to be unfairly dismissed
✓ Right not to be discriminated against because of pregnancy
✓ Right to notice pay, under BCEA


▪ Not appropriate to dismiss on first offence, unless misconduct is serious.
▪ She was dismissed based on unsatisfactory performance which means she
breached the employment contract and can be dismissed with notice pay (6
months)
▪ It was not automatically unfair & she did not breach the contract.