QUESTION 3

Electricity Generator (Pty) Ltd, (EG) is a major generator and supplier of electricity in Madibeng and surrounding townships. It is also an employer to Small and Madala who are junior artisans working under the supervision of Savimbi or in the latters absence Kedibone, a senior engineer. Savimbis job description includes managing and controlling system related to electricity generations and high level voltage networks. One morning, Savimbi experienced a car breakdown. He called EG to inform it about the breakdown and also that he cannot report to work. With the recommendation of Savimbi, the EG called a certain Maria, also a junior artisan and Savimbis girlfriend, to assist because, Kedibone is not reachable. Small and Madala did not only refuse to work under Marias supervision because she does not have the required skills, but they have also reported the EG to the Engineering Council. EG suspended and eventually dismissed Small and Madala.

Answer the following questions with reference to the relevant legal authority:

(i) Explain the lawfulness of the actions by Small and Madala [refusing to work under Maria supervision and reporting the EG to the Engineering Council.] (10)

(ii) Explain the lawfulness of the action by the EG [suspending and dismissing Small and Madala]. (10)