Ms Moodley and the SAT

Ms Moodley was employed as a station manager at the South African Telecaster (SAT) on a probationary period of six months, extended for a further period of three months, after which her appointment was not confirmed, and her services were terminated.

The position had been advertised as requiring the successful applicant to assume responsibility for a team of broadcasters, initiate new programmes and projects and control the quality of broadcasts. She was appointed on probation for six months, after which her position would be confirmed only once the relevant manager was satisfied that her work was uniformly satisfactory and that she was suitable for the appointment.

After six months, she was informed that her probationary period would be extended. Counselling and coaching sessions were held, including a week-long training session. Ms Moodley was asked for a feedback report on progress made regarding action steps identified and agreed to the training. Ms Moodley was then extensively interviewed by two managers who concluded that she was not suitable for the position of Station Manager. She was later offered the position of Producer/Resources Manager but refused it. Ms Moodley was subsequently dismissed. Ms Moodley referred the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).

Source: Adapted from Yeni v South African Broadcasting Corporation [1997] 11 BLLR 1531 (CCMA).

According to the Labour Relations Act 66 of 1995 (LRA), all employees have the right not to be unfairly dismissed. Refer to the legal requirements as set out by the LRA and decide which of the following statements about the fairness of Ms Moodley's dismissal, are accurate.

Answer the question by selecting either true or false from the dropdown menu.

Ms Moodley's dismissal was substantively fair	Answer 1Choose...FalseTrue
Ms Moodley's dismissal was substantively unfair	Answer 2Choose...FalseTrue
Ms Moodley's dismissal was procedurally unfair	Answer 3Choose...FalseTrue
Ms Moodley's dismissal was automatically unfair	Answer 4Choose...FalseTrue
Ms Moodley's dismissal was procedurally fair	Answer 5Choose...FalseTrue