MRL3702
Assignment 2
Semester 2
2025
, Assignment 2 Semester 2
1. Has #23&24 the right to issue the roster/statement (no leave in last week of
December)? (2 marks)
Yes. An employer is entitled to issue rosters and determine when annual leave may be
taken if there is no agreement with the employee. Section 20(10) of the Basic
Conditions of Employment Act 75 of 1997 (BCEA) provides that annual leave must be
taken at a time determined by the employer if no agreement exists. Therefore, #23&24
may lawfully set a rule that no leave is permitted in December. However, this discretion
must be exercised reasonably and consistently, and it remains subject to constitutional
protections such as freedom of religion (Constitution, 1996, s15) and the prohibition of
unfair discrimination (Employment Equity Act 55 of 1998, s6).
2. If #23&24 dismisses Tselani for being absent to preach, which ground of
dismissal may the employer rely on? (2 marks)
The employer would rely on misconduct as a ground for dismissal. This would be
framed as unauthorised absence from work or refusal to obey a lawful and reasonable
instruction (the December roster). The Labour Relations Act 66 of 1995 (LRA)
recognises misconduct as a fair ground for dismissal, provided substantive and
procedural fairness requirements are met (Schedule 8: Code of Good Practice:
Dismissal; Grogan, 2022:56).
3. Define the kind of ground of dismissal. (4 marks)
Misconduct is defined as employee behaviour that breaches workplace rules,
standards, or instructions in a blameworthy manner. For a dismissal on this ground to
be fair, the following must be shown:
• the employee contravened a workplace rule or instruction,
• the rule was valid, reasonable, and known to the employee, and
Assignment 2
Semester 2
2025
, Assignment 2 Semester 2
1. Has #23&24 the right to issue the roster/statement (no leave in last week of
December)? (2 marks)
Yes. An employer is entitled to issue rosters and determine when annual leave may be
taken if there is no agreement with the employee. Section 20(10) of the Basic
Conditions of Employment Act 75 of 1997 (BCEA) provides that annual leave must be
taken at a time determined by the employer if no agreement exists. Therefore, #23&24
may lawfully set a rule that no leave is permitted in December. However, this discretion
must be exercised reasonably and consistently, and it remains subject to constitutional
protections such as freedom of religion (Constitution, 1996, s15) and the prohibition of
unfair discrimination (Employment Equity Act 55 of 1998, s6).
2. If #23&24 dismisses Tselani for being absent to preach, which ground of
dismissal may the employer rely on? (2 marks)
The employer would rely on misconduct as a ground for dismissal. This would be
framed as unauthorised absence from work or refusal to obey a lawful and reasonable
instruction (the December roster). The Labour Relations Act 66 of 1995 (LRA)
recognises misconduct as a fair ground for dismissal, provided substantive and
procedural fairness requirements are met (Schedule 8: Code of Good Practice:
Dismissal; Grogan, 2022:56).
3. Define the kind of ground of dismissal. (4 marks)
Misconduct is defined as employee behaviour that breaches workplace rules,
standards, or instructions in a blameworthy manner. For a dismissal on this ground to
be fair, the following must be shown:
• the employee contravened a workplace rule or instruction,
• the rule was valid, reasonable, and known to the employee, and
