LRM3702
ASSIGNMENT 3
DUE: 30 APRIL 2025 (MEMO)
,Table of Contents
Introduction ....................................................................................................... 3
Analysis of Retrenchment Factors .................................................................... 4-5
2.1 Substantive Requirements for Fair Retrenchment ...................................... 5-8
Assessment of Musa’s Dismissal ...................................................................... 8-10
3.1 Fairness of Dismissal Following an Unprotected Strike .............................. 10
Conclusion ........................................................................................................ 14
1
,Introduction
This assignment focuses on important aspects of South African labour law, particularly
relating to retrenchments and dismissals following industrial action. In the first part, the
factors cited by SARN's management for contemplating retrenchments will be analysed
and assessed against the substantive requirements outlined in the Labour Relations Act
66 of 1995. The aim is to determine whether the contemplated retrenchments meet the
legal standards of fairness.
In the second part, the fairness of Musa’s dismissal following his participation in an
unprotected strike will be considered. As a CCMA commissioner, the relevant legal
principles regarding protected and unprotected strikes, misconduct, and fair dismissal
procedures will be applied to determine an appropriate decision.
This assignment will therefore demonstrate an understanding of substantive and
procedural fairness requirements in terms of South African labour legislation, and how
these principles should be applied in practical workplace scenarios.
2
, QUESTION 1
1.1 Explain the components of the communication process between SARN and
RAWU at the beginning of the wage negotiations. Consider how both SARN’s
management and RAWU conveyed their positions.
At the beginning of the wage negotiations, the communication process between SARN
and RAWU included the components like
Sender
John Smith, Head of Human Resources at SARN, was the sender when he
communicated the company's wage increase proposal to RAWU. Later, Thuli Nkosi,
President of RAWU, also became a sender when she communicated the union’s
disagreement.
Encoding
John Smith encoded the company's wage proposal into an email message, which
explained that the increase was based on economic conditions and industry
standards. Thuli Nkosi encoded her disagreement verbally during a direct phone call to
John, using a firm tone to emphasise the union’s dissatisfaction.
Medium
John used email as the communication medium, a written and formal method. Thuli,
however, used telephone communication (a verbal and immediate medium) when she
called John directly.
3
ASSIGNMENT 3
DUE: 30 APRIL 2025 (MEMO)
,Table of Contents
Introduction ....................................................................................................... 3
Analysis of Retrenchment Factors .................................................................... 4-5
2.1 Substantive Requirements for Fair Retrenchment ...................................... 5-8
Assessment of Musa’s Dismissal ...................................................................... 8-10
3.1 Fairness of Dismissal Following an Unprotected Strike .............................. 10
Conclusion ........................................................................................................ 14
1
,Introduction
This assignment focuses on important aspects of South African labour law, particularly
relating to retrenchments and dismissals following industrial action. In the first part, the
factors cited by SARN's management for contemplating retrenchments will be analysed
and assessed against the substantive requirements outlined in the Labour Relations Act
66 of 1995. The aim is to determine whether the contemplated retrenchments meet the
legal standards of fairness.
In the second part, the fairness of Musa’s dismissal following his participation in an
unprotected strike will be considered. As a CCMA commissioner, the relevant legal
principles regarding protected and unprotected strikes, misconduct, and fair dismissal
procedures will be applied to determine an appropriate decision.
This assignment will therefore demonstrate an understanding of substantive and
procedural fairness requirements in terms of South African labour legislation, and how
these principles should be applied in practical workplace scenarios.
2
, QUESTION 1
1.1 Explain the components of the communication process between SARN and
RAWU at the beginning of the wage negotiations. Consider how both SARN’s
management and RAWU conveyed their positions.
At the beginning of the wage negotiations, the communication process between SARN
and RAWU included the components like
Sender
John Smith, Head of Human Resources at SARN, was the sender when he
communicated the company's wage increase proposal to RAWU. Later, Thuli Nkosi,
President of RAWU, also became a sender when she communicated the union’s
disagreement.
Encoding
John Smith encoded the company's wage proposal into an email message, which
explained that the increase was based on economic conditions and industry
standards. Thuli Nkosi encoded her disagreement verbally during a direct phone call to
John, using a firm tone to emphasise the union’s dissatisfaction.
Medium
John used email as the communication medium, a written and formal method. Thuli,
however, used telephone communication (a verbal and immediate medium) when she
called John directly.
3
