WORKSHEET
Business Studies 12
Labour Legislation
Question 1
Consider the following scenario and answer the questions which follow. Make sure that
you have a look at the mark allocation when you answer a question. DO NOT COPY
AND PASTE ANSWERS, you are expected to refer to the case study in your answers.
In February The Citizen reported that Ngobese an employee of Pizza Hut was fired after
being absent from work for more than 15 days. Ngobese, however, said he had
authorisation to take an extra week’s leave in January, as well as sick leave because he
was unwell. “When I came back I was just given a letter of dismissal. I was told I was
absent for 15 days from work. But they initiated an internal process of which I was
notified and given time to prepare, they also allowed me to have my representative
present and said I can appeal my dismissal, of which I’m currently busy with that. But
I’ve been worried, it’s been very slow. For three months I have had no income. I thought
if I take the matter to the CCMA, I can get justice sooner,” he said.
According to a company spokesperson Ngobese has a history of this type of behaviour
and has previously received written warnings.
Numsa general secretary Irvin Jim confirmed that Ngobese’s appeal was underway, but
he declined to comment further. Numsa president Andrew Chirwa, through whose office
the appeal is being done, could not be reached for comment and he declined to
respond to a text message.
Ngobese said he’s served Pizza Hut “with loyalty for seven years” but was “on the street
now, unemployed, and can’t look after myself or my dependents”.
Accessed: Mail and Guardian and adapted for academic purposes by A Brown 24/01/18
1.1
What is the main purpose of discipline in the work environment?
1.2
List Six conditions under the LRA in which an employee is regarded as unfairly
dismissed.
1.3
1
(3)
(6)
With reference to the above scenario discuss the concepts substantive and
procedural fairness as they relate to the above scenario. Following which you
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WORKSHEET
Business Studies 12
Labour Legislation
need to determine whether this is a fair dismissal or not.
1.4
(12)
Reinstatement is considered a remedy for unfair dismissal. If the CCMA rules
that Ngobese was unfairly dismissed. Do you believe the CCMA’s ruling would
be fair labour practice and why? Also justify if you would suggest reinstatement
or not.
(5)
TOTAL: 26
2
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