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MRL3702
LABOUR LAW
UNISA
2021
ASSIGNMENT NUMBER 1
DUE DATE:14 MAY 2021 (DATE
EXTENDED)
UNIQUE NUMBER: 803243
, Assignment 1 14 May 2021
Unique numbers: 803243 for semester 1 and 636766 for semester 2
QUESTION 1
Study the case of Mthembu and others / NCT Durban Wood Chips [2019] 4 BALR
369 (CCMA); (2019) 28 CCMA 8.37.3 and write a two-page legal opinion about the
case. Your legal opinion must have the following –
• Summary of the facts of the case (2)
The Commission for Conciliation, Mediation and Arbitration (“CCMA“) found, inter alia,
the fact that it was lawful to smoke cannabis in one’s private residence has no bearing
on whether an employer can discipline employees for being under the influence of
cannabis in the workplace.
• Issue(s) in dispute (1)
• The respondent conducts business in the wood and chip industry. Their work
involves working with large machinery and extremely dangerous vehicles
coming in and out of the premises throughout the day. The work floor is also
fraught with danger. This is all common cause.
• The product they work with are large logs weighing between 30 and 100
kilograms which can cause fatalities.
• Based on this there are in place safety rules to protect employees and the
respondent.