Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Patrick works at Mineral Mines. One day, Patrick learns that Gold Mines pays their employees double. Patrick informs his fellow colleagues. The employees of Mineral

Patrick works at Mineral Mines. One day, Patrick learns that Gold Mines pays their employees double. Patrick informs his fellow colleagues. The employees of Mineral Mines approach management demanding a 12% increase in their salaries. Mineral Mines refuse. The ten of one thousand employees of Mineral Mines immediately refuse to continue working. Mineral Mines decides to offer their employees a 2% increase. The employees decline their offer and decide to embark on a strike. A week after embarking on the strike, Mineral Mines decides to dismiss all ten employees on the ground of misconduct. Which of the following statement/s are/is CORRECT?.... (1) The court held in National Union of Mineworkers on behalf of Employees v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 2104 (LAC), that the dismissal of employees based on misconduct is fair for all unprotected strikes.... (2) The court held in National Union of Mineworkers on behalf of Employees v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 2104 (LAC), that a reasonable person in this instance would not have dismissed the employees for a strike that did not cause the company major financial and production losses, thus such a dismissal will be considered unfair.... (3) The court held in National Union of Mineworkers on behalf of Employees v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 2104 (LAC), that the employees' conduct will need to comply with the definition of a strike before finding protection under the Labour Relations Act.... (4) The court held in National Union of Mineworkers on behalf of Employees v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 2104 (LAC), that a dismissal on the ground of misconduct will always be unfair where the employees' conduct complies with the definition of strike.... (5) The court held in National Union of Mineworkers on behalf of Employees v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 2104 (LAC), that the dismissal of the employees on the ground of misconduct was unfair as the employer will need to consider all the relevant factors.

  • A.Options 1 and 4 are CORRECT
  • B.Options 2 and 5 are CORRECT
  • C.Options 2, 3 and 5 are CORRECT
  • D.Option 1 only is CORRECT
  • E.Option 3 only is CORRECT

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Constitutional Law For Criminal Justice

Authors: Jacqueline R. Kanovitz, Jefferson L. Ingram, Christopher J. Devine

15th Edition

1138601810, 978-1138601819

More Books

Students also viewed these Law questions

Question

Discuss how an AC is designed and implemented.

Answered: 1 week ago