MRL3702 ASSIGNMENT 2 SEMESTER 2 2025 (Answer Guide)

MRL3702 ASSIGNMENT 2 SEMESTER 2 2025 (Answer Guide) Assignment 2: Labour Law Case Analysis Introduction This problem revolves around the tension between an employee’s duty to honour his work commitments and his right to practise his religion. Tselane, who is employed as a manager at #23&24 (Pty) Ltd, is also an intern pastor at Ko-kerekeng of God. The company enjoys a surge in sales during the last week of December, a period that coincides with the time Tselane is expected to preach daily. His superior, Phiri, circulated a notice preventing staff from taking leave during that week and warned that anyone disobeying the instruction could face disciplinary consequences, including dismissal. The question is whether such a directive is legally valid, what basis for dismissal the employer might rely on, how the applicable dismissal ground is defined, and what alternative legal solutions exist to resolve the matter. Employer’s Right to Issue the Instruction Employers generally have the discretion to manage their businesses and, as part of that prerogative, may issue workplace instructions provided they are lawful and reasonable (Grogan, 2019). The statement made by #23&24 that no leave may be taken during December’s final week is an example of such an instruction, as the period is vital for the company’s operations. The Labour Relations Act 66 of 1995 (LRA) recognises this right, provided the employer acts fairly and in good faith. At the same time, the employer’s discretion must be weighed against employees’ constitutional rights. Section 15 of the Constitution guarantees freedom of