Question
Elizabeth is employed as a cashier at Peter's General Store. She was involved in an accident and was declared unfit to work for three (3)
Elizabeth is employed as a cashier at Peter's General Store. She was involved in an accident and was declared unfit to work for three (3) months. Peter contacted a temporary employment service to obtain the temporary services of a cashier for the period that Elizabeth would be absent. The services of Prudence were provided. Peter appointed Prudence to work from 15 March 2019 - 15 June 2019. Her salary amounted to R8 000 per month. They agreed on the following working hours: Monday - Friday 07:00 - 16:00 (with a lunch break from 13:00 - 13:30); every second weekend (Saturday and Sunday from 09:00 - 14:00). On 15 June 2019 Elizabeth returned to work...informing Peter that she was pregnant. Peter told her not to bother coming back to work and terminated her services. He asked Prudence to continue working (although no amended contract of employment was provided). On 21 June Prudence asked to be excused from work due to a cultural ritual she had to attend. Peter informed her that she was not entitled to any leave as she was only appointed on a temporary basis. Despite Peter's answer, she decided to stay away for two (2) days. Upon her return, she was told that, as punishment, she would have to perform cleaning services (instead of services as a cashier) for the next month. A week later, while she was cleaning the floor in one of the isles, she knocked of 5 (five) inexpensive glasses from the bottom shelve with her broom. Peter informed her that she was dismissed. Upon her leaving, she noticed that he deducted R1 000 from her final payment (as damages).
Please answer the following:
1. Provide a brief explanation of how you will go about to ascertain whether an employment relationship existed between Peter's General Store and Prudence.
2. Prudence was appointed as a temporary employee. Indicate whether she can hold Peter liable for transgressions, or whether she should hold the temporary employment service liable. Also indicate additional protection, if any, she is entitled to.
3. Provide your detailed opinion on whether Peter complied with the Basic Conditions of Employment Act 75/1997 in respect of ordinary working hours, overtime, meal intervals, Sunday work, annual leave as well as deductions.
4. Prudence is of the opinion that she has been discriminated against based on culture. Please provide your detailed opinion in this regard.
5. Indicate whether Prudence was subjected to any unfair labour practices.
6. Explain your opinion on the (un)fairness of the dismissals of Elizabeth and Prudence.
7. Briefly discuss whether Elizabeth and Prudence will be able to claim unemployment insurance in terms of the Unemployment Insurance Act.
8. Briefly explain the manner in which the Constitution of the Republic of South Africa, 1996 has influenced labour legislation - especially pertaining to the protection that Elizabeth and Prudence are entitled to.
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