Question $2[25$ Marks$]$

Read the following extract and answer the questions that follow.

Generally misconduct relates to deliberate and wilful action or behaviour by an employee that

leads to breach or contravention of a rule, obligation or standard in the workplace $($Lotter &

Mosime, $1983$ & Nel et al$,2008).$ Misconduct is also a deliberate and wilful violation of the

employer$$s rules as well as unreasonable or unacceptable conduct such as abusive behaviour

and or being under the influence of alcohol $($Dessler$,2008$ & Cole, $2002).$ Because of

misconduct employees can be dismissed from work with or without notice. This action may be

regarded as fair only if it is related to the conduct or the capacity of the employee, related to the

operational requirements, and effected in terms of a fair procedure $($Bendix$,2001).$ The

maintenance of discipline in the workplace is essential, and it is the employer$$s prerogative, the

employer may have no option but to terminate the contract of employment, however, it should

be guided by laid down disciplinary rules and procedures. Several authors and guidelines

are in agreement that the substantive and procedural considerations have to be taken into account

in the event the final verdict amounts to dismissal for misconduct. $($Extract $$ researchgate.netAbrupt termination of employee contract$-$the case of Botswana$).$

Diploma Sessional Structured Timed Assignment

January $$June BLR $612-$Labour Relations

$$ BOU $2024$

Page $9$ of $9$

From the case study above, discuss the five fair reasons for an employer to dismiss his$/$her

employee. $25$ marks