QUESTION 3

Zuze is the manager of Treasure Hunters a small Botswana-registered company that salvages sunken ships around the world and operates through a Botswana dry- port in Walvis Bay. Andrew is a specialist diver who has worked for Zuze for four years and is paid in Dollars. Due to the nature of the job, Andrew spends most of his time away from his home, living and working in the Caribbean. Andrew has just returned to work after four months sick leave following an accident that left him unable to work. On the latest salvage expedition, Andrew was getting ready to dive when he noticed that some of the equipment was unsafe to use. He told Zuze that the unsafe equipment would have to be replaced before he could dive. Zuze told him to get on with it. When Andrew refused, Zuze told him she had had enough of him and if he didnt like it then he could look for another job. Two days later, Andrew received a letter from Zuze stating that he had been dismissed and he was not to return. Bonolo also works for Zuze at Treasure Hunters. Bonolo is 19 years old and came to Botswana as a Wakanda refugee when she was four years old. Bonolo is now a Motswana citizen. Recently, Bonolo asked Zuze for some additional holiday, as she thinks she is entitled to more than 15 days per year. Zuze told Bonolo: Check your Contract, as 15 days holiday is all foreigners are entitled to. The six other staff members all receive more than the statutory minimum holiday requirement. Bonolo has complained that she has not received any contractual documents to check, since starting work.

a). Identify the three situations in which an employee can be dismissed under Employment Act. (3 marks)

b) Explain whether Andrew is eligible to claim unfair dismissal. (8 marks)

c). Advise Andrew whether Zuze had a fair reason to dismiss him. (5 marks)

d). Advise Zuze what contractual documentation Bonolo is entitled to and the Consequences of not providing it. (4 marks)