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MRL3702 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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MRL3702 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... 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)

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Uploaded on
September 3, 2025
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Written in
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MRL3702
Assignment 2 Semester 2 2025
Unique #

Due Date: 11 September 2025

Detailed solutions, explanations, workings
and references.

+27 81 278 3372

, 1. Whether #23&24 has the right to issue the statement above and why? (2)

Yes, #23&24 has the right to issue such a statement. Under the Labour Relations
Act 66 of 1995 (LRA) and the Basic Conditions of Employment Act 75 of 1997
(BCEA), the employer has the prerogative to regulate operational requirements and
ensure that work is performed during peak business periods. The instruction that no
leave may be taken during the busiest week of December is linked to the operational
needs of the business. Employers may lawfully limit leave if it is justified by
operational requirements, provided employees still enjoy their statutory minimum
annual leave.




2. If #23&24 dismisses Tselani under these circumstances, which ground of
dismissal may they rely on? (2)

The company would rely on dismissal for misconduct. Misconduct arises when an
employee deliberately disobeys a lawful and reasonable instruction from the
employer, such as the instruction not to take leave during the critical business
period.




3. Define the kind of ground of dismissal which #23&24 may rely on (4)




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