ASSESSMENT 3: LABOUR LAW PROJECT (100) This case study is based upon the case of Smuts v Backup Storage Facilities (2003) 2 BALR 219 (CCMA). Mr S was the manager of a small branch of Backup Storage Facilities. The only computer in the branch was in his office. Management intended that the computer be used for e-mail correspondence only. There was no other policy regarding internet usage in the branch. Mr X worked for Backup Storage Facilities as a driver. He was allowed to sleep on the business premises. Owing to the fact that Mr X had no television set on the premises, he had access to the computer for his use, after hours. In an attempt to cut down on telephone costs, Mr S informed Mr X that he could no longer use the company computer for his personal purposes. Six months after Mr X ceased to use the computer, head office launched an investigation into the expenditure and productivity of Mr S's branch. Investigations revealed that a huge portion of the telephone bill was made up of internet usage during office hours. The internet numbers dialled were those of pornography websites. When Mr S was asked about this, he denied any knowledge. Two employees testified that they had, on several occasions, witnessed Mr S's pornographic interest when they had entered his office. QUESTION 1 (25) Provide an overview of the Labour Relations Act 66 of 1995, you are required to discuss the application thereof. QUESTION 2 (25) In terms of Section 187 of the Labour Relations Act 66 of 1995, discuss what would constitute a dismissal. QUESTION 3 (25) Discuss the substantive requirements that must be satisfied by the employer before Mr S may be dismissed for misconduct. QUESTION 4 (25) Outline the procedural requirements for fair dismissals as set out in Schedule 8 of the Labour Relations Act 66 of 1995. Assessment Format Word Limit: Your assignment (excluding index, cover page, list of references and appendices) must not exceed 5000 words. Your assignment must include a table of contents page Text: Arial or Times New Roman, Font Size: 12, Spacing: 1.5 lines. All text must be justified at each margin. Your answers must include theories, charts, tables, appendices or exhibits necessary to support your analysis and recommendations. References - At least 12 academic sources of reference must be used. (These include textbooks, journal articles and internet sources that are relevant to your field of study. Academic sources do not include Wikipedia and blogs). The MANCOSA study guide must not be used as a source of reference. You must include Reference list at the end of your assignment. Information quoted/paraphrased from sources listed in your Reference list must be referenced in-text. The Harvard system of referencing must be used. You MUST use theory/ literature to support your discussion/ observation and opinions. Ensure that readings are not merely reproduced in the assignment without original critical comments and views. Students should proof read and edit their work prior to submission. Assignments must be free from errors and of a professional standard