Question 1

Labour Law South Africa

NB: You must refer to applicable Legislation and 1.1 must be in two hundred fifty words same as 1.2

1.1 Define the concept of Dismissal. Ensure that all relevant elements/factors are included in the definition to receive all the marks.

1.2 Sol Phenduka has been an employee of Thimba Iron Ore for the past ten years. The employees of Thimba Iron Ore are engaged in a protected strike. The aim of the strike is to prevent Thimba Iron Ore from dismissing a large number of employees. Sol feels that the same fate may befall him. He therefore leaves work without permission on Monday afternoon to join a picket outside the offices Thimba Iron Ore. Thimba Iron Ore decides to dismiss all employees who participated in the strike. Against this background facts. Will the dismissal of Mr. Sol Phenduka constitute an automatically unfair dismissal for the purposes of Section 187(1) of the Labour Relations Act 66 of 1995? Give reasons for your answer.