Bontle Dairy Products ( Pt y) Lt d (' D P') produces and distributes dairy products to grocery outlets in Gauteng. CPD employs 500 full time employees. Between the year 2016 and 2020, PD experienced an unstable demand for dairy products as a result of the unusual rising and dropping of temperatures caused by the climate change. Dropping temperatures had a negative a negative commercial impact on the BPD business and in response to that, BPD decided to retrench employees in stages.

Retrenchments were conducted in the following manner:

-In 2016, 17 employees were retrenched

-In 2017, 11 employees were retrenched

-In 2018, 7 employees were retrenched

-In 2019, 7 employees were retrenchedand

-In 2020, 8 employees were retrenched

With reference to relevant legal authority, answer the following questions:

(a) Define and describe the ground upon which the employer relied on to dismiss employees in the scenario above. (10)

(b) Griejtie and Mosebethwane argue about the scale of retrenchments conducted by BPD between the years 2016 and 2018. Grietjie argues that it was a large-scale retrenchment whereas according to Mosebethwane, it was both a small-scale and a large-scale retrenchment.

(i) Advice Greitjie and Mosebethwane on what was the scale of retrenchments conducted by BPD between 2016 and 2018 and why? (3)

(ii) Would your answer in (b) (i) remain the same if you were to determine the scale of retrenchments conducted by BPD between 2016 and 2020? Motivate your answer (4)