, MRL3702 ASSIGNMENT 2 SEMESTER 2025 ANSWERS
DUE DATE: 2025
CASE STUDY:
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 - kereking 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.
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes, #23&24 (Pty) Ltd is entitled to issue the statement prohibiting leave during the
last week of December. Under South African labour law, employers possess a
managerial prerogative to regulate operational requirements in order to ensure
productivity and efficiency in the workplace. This prerogative is not unlimited but is
recognised in both common law and the Labour Relations Act 66 of 1995 (LRA).
Section 94 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) provides
that employers determine when annual leave may be taken, subject to agreement
with employees. However, if no agreement is reached, the employer ultimately has
the discretion to prescribe leave periods based on the operational demands of the
DUE DATE: 2025
CASE STUDY:
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 - kereking 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.
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes, #23&24 (Pty) Ltd is entitled to issue the statement prohibiting leave during the
last week of December. Under South African labour law, employers possess a
managerial prerogative to regulate operational requirements in order to ensure
productivity and efficiency in the workplace. This prerogative is not unlimited but is
recognised in both common law and the Labour Relations Act 66 of 1995 (LRA).
Section 94 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) provides
that employers determine when annual leave may be taken, subject to agreement
with employees. However, if no agreement is reached, the employer ultimately has
the discretion to prescribe leave periods based on the operational demands of the
