Question: Londeka and seven ( 7 ) others work as packaging operators at a warehouse for a company called PackItUp ( Pty ) Ltd . (
Londeka and seven others work as packaging operators at a warehouse for a company called PackItUp Pty LtdPackltUp in the Western Cape. The group of packaging operators have been with the company for many years and is known for being comical, often sharing jokes and having strong friendships.
However, recently, the company underwent a change in management. The new CEO, Gilbert has a different vision for the company's culture. He believes that the cheerful nature of the group is unprofessional and detracts from the seriousness of the. workplace. Despite the group's strong performance and good relationships with clients and colleagues, Gilbert decides to dismiss the entire group.
Following the dismissals, Gilbert offers to reemploy six out of the seven dismissed employees, based on his assessment of their performance and attitude, but not Londeka. Londeka feels that she was unfairly dismissed and approaches you for advice.
Required:
Identify the legislation applicable to dismissals and unfair labour practices in South Africa.
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Based on the relevant legislation identified in question determine if Londeka's dismissal was substantively fair.
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