MRL3702 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - ) (DISTINCTION GUARANTEED) – DUE DATE:- 13 SEPTEMBER 2023

MRL3702 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - ) (DISTINCTION GUARANTEED) – DUE DATE:- 13 SEPTEMBER 2023 Legotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do her work efficiently, she needs an advanced computer system fitted with the relevant software as a standard resource for data capturing. Earlier in the year, TS requested all employees to indicate all they need to do the job. Legotla indicated that she needs an advanced computer system fitted with the necessary software for data capturing work. Eight months later, no such equipment is supplied despite the queries she made almost every month. In other words, Legotla has been working with an ill-equipped computer. During the year-end performance assessment of the employees (assessment annually conducted to determine the performance of each employee) Legotla' s performance was found wanting, was disciplined, and punitively suspended from work for poor performance. Legotla approached you for legal advice arguing that performing higher than what she did was just not practically possible because, the equipment she used was not fit for the purpose. Answer the following questions with reference to applicable legal authority: (i) Explain the concepts ‘punitive suspension’ and the fairness of it as used in the case of Legotla. (5) (ii) Assume that Legotla resigns out of frustration two weeks after serving her suspension because, once again she reminded TS to supply her with the necessary equipment for work and got the following response ‘I do not need problems, I need solutions. Make yourself helpful’. A month after Legotla’s resignation TS receives an email from her and an attachment of a form called Form 7.11 from the CCMA which directs the employer to appear before the CCMA to answer the allegation of Legotla's unfair dismissal. TS laughed the letter off and says, Legotla is indeed disturbed in the head because, she is the one who resigned. Discuss the prospects of success Legotla has on her claim for unfair dismissal if any, the nature of dismissal and how it works. (10) iii) Assume further that Legotla got an intel (internal information) from a colleague that the employer bought new equipment just a week after her resignation. Based on that, Legotla wants to be reinstated by TS. Explain the concept, ‘reinstatement’ and the prospects of success Legotla has in her claim for reinstatement. (5) TOTAL: [20]