Question 1 (30 marks) Read the following scenario and answer the question that follow:

James is appointed as a law enforcement officer at the Green Valley Municipality in Ceres, Western Cape. He is part of a team of 15 law enforcement officers, who all report to a senior law enforcement officer, called Shawn. Shawn has been with the municipality for more than 20 years. James and his colleagues have been divided into two teams, responsible for different law enforcement functions. James`s team is, among other things, responsible to patrol the streets to check for any suspicious activities. While they were busy patrolling, they noticed a scavenger with several bags of apples in his possession. The local farmers often complain that their fruit gets stolen and then sold to the public. The law enforcement officers loaded the scavenger into their vehicle and took him to the outskirts of town. James suggested that they should teach the scavenger a lesson and the scavenger was forced to stand with his back to the law enforcement officers while they threw apples at him. They then got back into their vehicle and left the scavenger in the middle of nowhere. One of the officers made a recording and it was later distributed on social media. Shaun, who is responsible for the group of law enforcement officers, also saw the video but did not think that their actions were too serious. The video however leaked to the media and the municipality has been bombarded with requests that action should be taken against these officials. The municipality started a disciplinary process and James and all the other officers that were part of the group were dismissed for assault and bringing the name of the employer into disrepute. Shawn was also disciplined, as he was supposed to immediately report the conduct of his subordinates to the employer in terms of the staff policy. He was eventually dismissed for negligence and non-compliance to a policy, mostly due to the immense pressure received from the media. The employer decided to re-employ Shawn 6 months later, as they urgently needed someone with his expertise and knowledge for a special public safety project. James heard about Shawns re-employment and wrote a letter to the employer, claiming

that he should also be re-employed as the employer was guilty of selective reemployment.

The employer confirmed that they had re-employed Shawn for operational reasons and that they had no obligation to re-employ James.

They further confirmed that there was no agreement between themselves and James. James is furious about the employers response and is adamant to take the matter to the CCMA. You are employed at the local legal aid clinic and James asks for your advice

Required: 1.1 In your own words, discuss the concept of selective re-employment in terms of the Labour Relations Act 66 of 1995 and explain to James if it can be considered as an unfair labour practice. Refer to the relevant sections of legislation as part of your answer. (20 marks)

1.2 Advise James if he will be able to claim re-employment in the scenario above and what his prospects of success will be if he refers an unfair labour practice to the CCMA. (10 marks)