Mjita is a qualified psychologist and has been looking for employment for quite some time. He was invited to an interview for a position at a local therapy house and after a month he received a call, informing him that his interview was successful and that he should report for work the following day. During the orientation and in confidence, Mjita told Ras Waka (the owner of the therapy house) that he had a genderrealignment (gender changing) surgical appointment later that day. Ras Waka who does not appreciate and identify with gender-realigned people; asked Mjita to choose between proceeding with gender-realignment and lose the job or to stop genderrealignment and keep the job.

1. Discuss the fairness of the position taken by Ras Waka, with reference to applicable provisions of the Constitution, the EEA, the LRA and case law.(15 marks)
2. Distinguish between the 'formal' and 'substantive' forms of equality and provide an example for each.
3. With reference to applicable case law, explain the concept of 'automatically unfair dismissal', its constitutionality and fairness in the South African labour law.