MRL3702
Assignment 2
Unique No:
Due 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and established labour
principles, an employer is entitled to regulate employees’ leave, particularly
during periods of high business demand.
Employers may lawfully restrict leave applications during critical times to ensure
productivity and protect the company’s operational requirements.
Therefore, the instruction given by #23&24 is both lawful and reasonable.
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)
The dismissal would fall under misconduct, specifically unauthorised absence
from duty or insubordination for failing to comply with a lawful and reasonable
workplace instruction.
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
A misconduct-related dismissal arises when an employee fails to comply with
company policies, workplace rules, or direct instructions from the employer.
According to Schedule 8 of the LRA: Code of Good Practice on Dismissal,
misconduct can be established when:
1. The employee was aware of the workplace rule or instruction.
2. The rule or instruction was lawful and reasonable.
3. The employee breached the rule or instruction.
4. Considering the circumstances, dismissal is deemed an appropriate
sanction.
In this case, refusing to comply with the instruction not to be absent during a
peak business period would constitute misconduct.
Assignment 2
Unique No:
Due 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and established labour
principles, an employer is entitled to regulate employees’ leave, particularly
during periods of high business demand.
Employers may lawfully restrict leave applications during critical times to ensure
productivity and protect the company’s operational requirements.
Therefore, the instruction given by #23&24 is both lawful and reasonable.
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)
The dismissal would fall under misconduct, specifically unauthorised absence
from duty or insubordination for failing to comply with a lawful and reasonable
workplace instruction.
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
A misconduct-related dismissal arises when an employee fails to comply with
company policies, workplace rules, or direct instructions from the employer.
According to Schedule 8 of the LRA: Code of Good Practice on Dismissal,
misconduct can be established when:
1. The employee was aware of the workplace rule or instruction.
2. The rule or instruction was lawful and reasonable.
3. The employee breached the rule or instruction.
4. Considering the circumstances, dismissal is deemed an appropriate
sanction.
In this case, refusing to comply with the instruction not to be absent during a
peak business period would constitute misconduct.
