QUESTION 1 (40 Marks)

Read the case study below and answer ALL the questions that follow.

Susan, Xolani, Tasneem and Caroline are employees at XXX Enterprises. Susan is working as a cleaner. One day while cleaning some of the offices she notices a cell phone on the desk in one of the offices and promptly takes it and hides it in her dress pocket. Susan was not aware that security cameras recorded her stealing of the cell phone. Susans supervisor confronts her and tells her to "get lost and never come back". After Xolani has been working for a period of six months, the director of the company, a very religious man, discovers that Xolani is a homosexual. Even though Xolanis work is of a very high standard, he believes that it is bad for the image of the company to employ homosexuals and dismisses Xolani. Caroline is a new appointee in the telesales department. She was appointed on a probationary period of three months. After the three months she was notified that she cannot be appointed permanently because she did not meet the required sales target. Caroline claims that she was not informed about the required targets at the time of her appointment and expected to be permanently employed.

1.1 Was Susan unfairly dismissed? Explain with reference to the requirements for a fair dismissal. (10 marks)

1.2 Explain if the dismissal of Xolani can be classified as an automatic unfair dismissal, also mention if there are any possible defences to an automatically unfair dismissal claim. (10 marks)

1.3 Tasneem resigned from her job because she could not handle the unwelcome sexual advances of her supervisor.

Advise Tasneem if her resignation can qualify as a dismissal with reference to the requirements referred to in the case of Solid Doors (Pty) Ltd v Theron NO (2004) 25 ILJ 2337 (LAC). (10 marks)

1.4 Discuss whether the employers failure to appoint Caroline in a permanent position amounts to an unfair labour practice.