Evaluate whether the scenarios below qualify as examples of an unfair labor practice OR an unfair dismissal

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Question:

Evaluate whether the scenarios below qualify as examples of an unfair labor practice OR an unfair dismissal OR an automatically unfair dismissal, with reasons for your answer:

Q.2.1

Matshemo works at Marange Gold Mine in Rustenburg. She works as a coal miner and has been working in that position for over three years. She falls pregnant and takes three months of maternity leave. She comes back to work, and she is notified that she no longer has a job with the company as she was gone for too long.

(6)

Q.2.2

Natasha works at Fashion Imports a clothing store that sells clothes from Turkey. The company is based in Pretoria. She has been with the store for four years. Natasha is always 30 minutes late to work every Monday morning. This is irritating Ahmet, the owner of the store. On Thursday afternoon, Natasha gets a call from one of her daughter's teachers. Natasha learns that her daughter needs urgent medical attention. Natasha closes the shop to attend to her daughter's emergency. She does not come to work on Friday and several customers come to the shop and find it closed. Ahmet is attending a wedding in

(7)

Cape Town when he sees several complaints on social media about his store being closed. He decides to go to Pretoria. He is angry with Natasha because the shop received many complaints due to the shop being closed. On Monday morning, Ahmet tells Natasha to pack her box and go. He tells her that the shop has no room for lazy and incompetent people.

Q.2.3

Tsungi works as a junior program coordinator in a non-governmental organization that deals with the eradication of human trafficking in Southern Africa. The organization internally advertises for the post of senior program coordinator. Tsungi is qualified to take on the post and she believes she has a good chance at doing well at the job. She has, furthermore, been with the organization for five years as a junior program coordinator and she performs the best amongst her peers. She continuously receives positive performance reviews and positive feedback from her clients.

Before Tsungi applies for the post, she discusses her plans with her line manager Miriro. Mirror, however, is earmarking Rudo to get the job. Rudo is her cousin's girlfriend, and she is also a program coordinator. Rudo has been with the organization for only two years and has at times struggled in her two performance reviews. She has also received a warning for shouting at a client. Mirror is fully aware that Rudo's record is not spotless, but she is nevertheless, adamant that Rudo should be appointed as the senior program coordinator as she considers her family. She devises a scheme to make sure Rudo gets the job.

Miriro approaches the HR Business practitioner and informs her that Tsungi is not working well as a junior program coordinator, and she will never be able to cope with the responsibilities of a senior program coordinator. As a result of this gossip, the HR business practitioner informs Tsungi not to apply at this stage as she will not be considered for the post. Tsungi applies nonetheless and the panel like her CV and she scored the highest in the interviews. During the deliberations regarding the appointment, the HR business practitioner discredits Tsungi and Rudo becomes the only applicant eligible for the post. By default, Rudo gets appointed as the senior program coordinator.