UNFAIR DISMISSALS & DISCIPLINARY HEARINGS

Introduction

Theory

Application

Conclusion

SECTION D: UNFAIR DISMISSALS & DISCIPLINARY HEARINGS [51 Specific Motors (SM) recently introduced artificial intelligence technology that have during the last few months greatly assisted with the design of `self-driving vehicles'. As a result of the massive success of this technology, SM informs Mandla in writing that he forms part of the group of employees which SM considers 'dismissing" due to "operational requirements'. Mandla has never heard of the concept "operational requirements', and highly doubts whether SM can 'fairly dismiss' him based upon this ground. Therefore, he contacts you for advice on the matter. With reference to the 'facts' of the above scenario, advise Mandla on the following: . The applicable right of 'employees' in terms of the Labour Relations Act, 66 of 1995; . The meaning of 'operational requirements'; . The 'fairness' of such a 'dismissal' based on the above reason