QUESTION 1 [15 MARKS]

Sam has been employed by Newton Ltd, a Malaysian company, as an IT assistant for the past five years. Due to the COVID-19 pandemic, Sam has been assisting his work team remotely. During this stressful period, Sam provided a manager with incorrect protocol which caused a delay in the work systems. The director of the IT department suspended Sam as a result, pending disciplinary action.

1.Discuss unfair suspension and disciplinary action. Refer to the case study as an example to support your answer. (10 Marks)

1.b.Sam is unsure if he will be reinstated, following the suspension and pending disciplinary action. Discuss the factors relevant to failure to reinstate or re-employ an employee. (5 Marks)

QUESTION 2 [15 MARKS]

Any employers policy or practice showing favour, prejudice or bias against employees in terms of the abovementioned grounds and which is not fair can be deemed to be unfair discrimination. There are two forms of discrimination related to unfair discrimination, namely direct and indirect discrimination.

2.a. Discuss unfair discrimination and affirmative action. Clearly identify the four (4) elements of unfair discrimination (5 Marks)

2.b. Define and discuss direct and indirect discrimination. Provide examples to support your answer(10 Marks)