Case Study PROGRAMME Bachelor of Commerce Honours in Human Resource Management MODULE Labour Law YEAR ONE (1) INTAKE January 2022 TOTAL MARKS 100 FORMATIVE ASSESSMENT 1 [100 Marks] Answer ALL the questions in this section. Question 1 Read the following scenario and answer the questions that follow. Jack Dowels was employed at MK Distillers as a distribution manager. He was responsible for dispatching all alcohol manufactured by the company to wholesalers and other distributors. Jack had worked for the Company for more than 25 years and was now familiar with all the company processes including who the main suppliers and trading partners were. He also became familiar with managers of many wholesalers across the country. Even though his job description did not include sales, he had over the years become popular with clients. In some cases, the company would ask him to make calls to negotiate deals with those clients. During the Covid-19 lockdown level four and five in South Africa, the company had to shut doors and stop distributing any alcohol due to the nationwide ban on the sale of alcohol. Peter Moja, a local businessman opened an underground or illegal liquor distribution run from his house. Peter was desperate for supplies and contacts Jack Dowels to help him with stock. Jack Dowels agreed and he created a network of unofficial distribution of alcohol from MK Distillers. The network included the security personnel, warehouse officer and a clerk. They were all promised and paid R10 each per bottle sold. The Managing Director of MK Distillers was tipped off about this network by a concerned employee. Internal investigations reveal that Jack Dowels was the mastermind of this operation. Consider whether Jacks conduct qualifies for a summary dismissal. In your answer indicate other factors or forms of conduct that may justify a summary dismissal. 1.1 (25 marks) 1.2 Discuss the ways in which an employment relationship may be terminated. (25 marks) Question 2 2.1 Distinguish between a strike and a lockout. (25 marks) Both unprotected lockouts and unprotected strikes have the consequence that the court may grant an order for compensation for loss suffered as a result of the lockout or strike. Briefly discuss the factors that are taken into account by courts. 2.2 (12 marks) In terms of section 189 of the Labour Relations Act, an employer is expected to provide written reasons for retrenchment. Bearing this in mind, outline the information that must be contained in that notice. (13marks)