MAY/JUNE 2021

QUESTION 2

(a) Tse-Mtlhophe Laundromat (Pty) Ltd ('TML') has advertised a position of a receiving clerk. Maria who works for TML as a cleaner became interested in the position, she applied and was called for an interview. During the interview, Maria disclosed that she was pregnant and that did not seem to have gone down well with the panel members. A month later, the position of the receiving clerk was still not filled. When Maria enquired, she was told that, all the interviewees were not suitable except her, but she too could not be appointment because of her pregnancy. What actually happened was that, the interview panel recommended Maria for the position and even sent the interview report to the Human Resource ('HR') department; however; HR disapproved the appointment because, it felt that Maria would soon be on maternity leave and will not be able to render services to TML.

(i) With reference to applicable legal authority, answer the following questions:

Maria thinks that TML's conduct constitutes a dismissal and that too was confirmed by a local lawyer, Mr Skosana.

Define the nature or type of the dismissal Maria was subjected to. (8)