, LLW2601 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 – DUE September 2025; 100% correct
solutions and explanations.
Question 1:
The conduct of the National Department of Housing and
Infrastructure (NDHI) in the treatment of Mr. Lindani Radebe raises
significant labour law concerns relating to fairness, procedural
compliance, and possible unfair labour practices under the Labour
Relations Act 66 of 1995 (LRA) and related case law.
1. Promotion and Fair Labour Practices
Mr Radebe has been nominated multiple times for promotion but
consistently overlooked in favour of less experienced candidates,
without any reasons provided. Section 186(2)(a) of the LRA defines
an unfair labour practice as any unfair act or omission that arises
between an employer and employee involving promotion, demotion,
probation, or training. The failure of NDHI to provide Mr Radebe
with reasons for the repeated non-selection suggests a lack of
transparency and accountability.
The principle of fair labour practices is entrenched in Section 23(1)
of the Constitution of the Republic of South Africa, 1996, which
guarantees that “everyone has the right to fair labour practices.” The
Constitutional Court in National Education Health and Allied
Workers Union v University of Cape Town and Others (2003)
24 ILJ 95 (CC) emphasised the broad constitutional duty on
employers to treat employees fairly.
Semester 2 2025 – DUE September 2025; 100% correct
solutions and explanations.
Question 1:
The conduct of the National Department of Housing and
Infrastructure (NDHI) in the treatment of Mr. Lindani Radebe raises
significant labour law concerns relating to fairness, procedural
compliance, and possible unfair labour practices under the Labour
Relations Act 66 of 1995 (LRA) and related case law.
1. Promotion and Fair Labour Practices
Mr Radebe has been nominated multiple times for promotion but
consistently overlooked in favour of less experienced candidates,
without any reasons provided. Section 186(2)(a) of the LRA defines
an unfair labour practice as any unfair act or omission that arises
between an employer and employee involving promotion, demotion,
probation, or training. The failure of NDHI to provide Mr Radebe
with reasons for the repeated non-selection suggests a lack of
transparency and accountability.
The principle of fair labour practices is entrenched in Section 23(1)
of the Constitution of the Republic of South Africa, 1996, which
guarantees that “everyone has the right to fair labour practices.” The
Constitutional Court in National Education Health and Allied
Workers Union v University of Cape Town and Others (2003)
24 ILJ 95 (CC) emphasised the broad constitutional duty on
employers to treat employees fairly.
