MRL3702
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: SEPTEMBER 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and principles of
operational requirements, an employer may regulate leave during peak business
periods.
Employers have the right to refuse leave during critical business operations in
order to protect productivity and business interests (see National Union of
Metalworkers of SA v Atlantis Diesel Engines (1993)).
Therefore, #23&24’s instruction is lawful and reasonable.
2. Assume that #23&24 dismisses Tselani under these circumstances. Which
ground of dismissal may #23&24 rely on for the dismissal of Tselani? (2)
The dismissal would be based on misconduct, specifically unauthorised
absence from work or insubordination (failure to comply with a lawful and
reasonable instruction).
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
Misconduct dismissal occurs when an employee fails to comply with
workplace rules, policies, or instructions.
According to Schedule 8 of the LRA – Code of Good Practice: Dismissal,
misconduct arises when the employee:
1. Knows the rule or instruction,
2. The rule is reasonable and lawful,
3. The employee breached it, and
4. Dismissal is an appropriate sanction considering the circumstances.
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: SEPTEMBER 2025
, Labour Law
1. Whether #23&24 has the right to issue the statement above and why? (2)
Yes.
In terms of the Labour Relations Act 66 of 1995 (LRA) and principles of
operational requirements, an employer may regulate leave during peak business
periods.
Employers have the right to refuse leave during critical business operations in
order to protect productivity and business interests (see National Union of
Metalworkers of SA v Atlantis Diesel Engines (1993)).
Therefore, #23&24’s instruction is lawful and reasonable.
2. Assume that #23&24 dismisses Tselani under these circumstances. Which
ground of dismissal may #23&24 rely on for the dismissal of Tselani? (2)
The dismissal would be based on misconduct, specifically unauthorised
absence from work or insubordination (failure to comply with a lawful and
reasonable instruction).
3. Define the kind of ground of dismissal which #23&24 may rely on. (4)
Misconduct dismissal occurs when an employee fails to comply with
workplace rules, policies, or instructions.
According to Schedule 8 of the LRA – Code of Good Practice: Dismissal,
misconduct arises when the employee:
1. Knows the rule or instruction,
2. The rule is reasonable and lawful,
3. The employee breached it, and
4. Dismissal is an appropriate sanction considering the circumstances.
