$17$:$31$

PPE Group Assignment

Mr Jonas Duno a father of Two children, was employed by the Mnotho Platinum Mine in December $2009$ as part of the mine's security services. In January $2019,$ Mr Jonas was transferred to the Redressing Section, where he was responsible for access control, whereby he controlled the metals which were valuable and constituted the core business of Mnotho Platinum Mines. Jonas's main duty was to safeguard the precious metals of the mine through detailed compulsory search procedures for all persons leaving the section. His duties entailed an individual search of each person in a private cubicle involving a close personal inspection plus a metal detector scan.

As a consequence of a decline in its production, the employer had over three days in May $2019,$ resorted to video surveillance at various points which revealed that of $24$ specifically monitored instances, Jonas had conducted only one search in accordance with the established procedures.

On Nine occasions Jonas had conducted no search at all and on Fourteen other searches he allowed persons to sign the search register without conducting any search at all. The employer charged Jonas with the following misconduct:

Negligence by not following established procedures in terms of the Protection Services Department search procedure. This caused prejudice or possible prejudice to the Company in terms of production loss.

Failure to follow established procedures in terms of the Protection Services Department search procedures. Jonas was found guilty of negligence, not following laid down procedures, and dishonesty by the employer and dismissed on $28$ July $2019.$

Mitigating factors were considered and Jonas's internal appeal were unsuccessful and he then referred an unfair dismissal dispute to the CCMA

Using the Dominant Impression test, determine if the contract of employment existed. Substantiate your answer.

According to the Basic Conditions of Employment Act $($BCEA$),$ what leave provisions would Jonas qualify for?

Dealing with the disciplinary process, what procedure would you follow in ensuring that the process is fair?

As the matter has been referred to CCMA, What should the person determining whether dismissal in this case is the appropriate sanction, consider?

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