Question
Question 1 (15 marks) Wanele works as a construction worker for Isipani Construction (Pty) Ltd. He must perform strenuous physical labour as part of his
Question 1 (15 marks) Wanele works as a construction worker for Isipani Construction (Pty) Ltd. He must perform strenuous physical labour as part of his job, including moving heavy supplies and materials to the job site, setting up the site, testing and using machinery, measuring, and cutting building materials to precise measurements, and using a variety of hand and power tools. He is hit by a car on the way home from work, severely injuring his leg, and the damage is permanent. The doctor informs him that due to the severity of his injury, he must refrain from performing any strenuous physical labour and cannot put any additional weight on his injured leg. Due to his injury, Wanele was recently let go from Isipani Construction (Pty) Ltd. Wanele approaches you for advice because he believes that his dismissal was automatically unfair. Required: Advise Wanele on whether or not his dismissal was automatically unfair. In your answer, indicate whether Wanele has brought himself in line with any of the possible grounds for unfair dismissal. Motivate the reason/s for your answer.
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