South African Labour Law

After Petrus was injured in an accident, he was hospitalised for three months. He remained off duty for several further months on doctor's instructions still on full pay. Eventually his salary was stopped. Two doctors' reports indicated that Petrus was incapable of driving. No hearing was held.

Indicate whether this dismissal was fair. In your answer discuss both substantive and

procedural fairness.

QUESTION 2

Nancy has been working in the accounting department of a large publishing firm for nearly 10 years. Whenever the Head of Department took leave she acted in his place. When the Head of Department retired she applied for his vacant position. She was interviewed for the post but someone else was appointed. She discovered that this person is the CEO's nephew and that he has a lower academic qualification than her (Nancy) and fewer years working experience than her (Nancy).

2.1 Advise Nancy whether she has any possible causes of action in terms of the Labour Relations Act and in terms of the Employment Equity Act. (8)

2.2 Advise Nancy as to what the applicable remedies would be in terms of the Labour Relations Act and in terms of the Employment Equity Act. (12)

2.3 Advise Nancy as to what the dispute resolution procedures would be in terms of the Labour Relations Act and in terms of the Employment Equity Act. (10)

2.4 Explain the onus of proof in terms of the Labour Relations Act and in terms of the

Employment Equity Act. (10)

QUESTION 3

Constance has worked as a machine operator in the factory for the last four years. The factory workers often work overtime. On 7 January, when the company re-opened after the annual closure, the company put a notice on the board offering free transport home to any employee who needed it. Employees were required to put their names on the list before the end of January. Constance is illiterate and only discovered after the end of the month that transport had been made available. However, when she approached her supervisor regarding the free transport she was told that it was too late for her to take advantage of the offer.

3.1 Advise Constance as to whether there is any basis in terms of the Labour

Relations Act upon which she can take the employer to task. Discuss her chances of success, the dispute resolution procedure and what the legal remedies in terms of the Labour Relations Act are. (28)

3.2 Advise Constance as to whether there is any basis in terms of the Employment Equity Act upon which she can take the employer to task. (12)