Mrs Amanda Jones is a teacher of at St Mary's high school, she has been teaching at the school for the past 18 years. She recently had a stroke which left her right arm and right leg paralysed. As a result, she can no longer walk and also suffers from memory loss, her speech has also been seriously affected by the stroke, causing her to communicate very slowly and with great difficulty. Her doctor said that the chances of her ever walking again or speaking normally are very slim. The headmaster at the school considers dismissing her.

NB: The answer must be based on marks at the end of each question and must refer to applicable South African legislation to reason your answer for example, Labour Relation Act(LRA), BCEA or common law or others based on South African legislation.

3.1 Which ground for dismissal will the employer possibly be able to use here. Be specific. ( x 2 = 1)

3.2 Which items of the Code of Good Practice: Dismissal are relevant in this case? ( x 2 = 1)

3.3 What must the employer consider in this case before dismissing Amanda fairly? Refer to the content of the relevant items of the Code. (4)

3.4 Explain the concept "reasonable accommodation" in the context of these circumstances. (1)

3.5 When can circumstances such as these amount to unfair discrimination/automatically unfair dismissal? Refer to the relevant legislative provisions. (3)