Question 7

Question 7 Identify the various grounds for dismissal in terms of the Labour Relations Act from the below (10 Marks) scenarios COHM81-833 - Take-Home Assessment Memorandum Block 3 2021 V1.0 Page 3 of 12 7.1 Peter has reported to work 2 hours late and under the infuence, while driving a branded company car 7.2 Sandra's boss gives her a reasonable order to shed confidential information to comply with the POPI Act. She failed to do this, and the information ended up in the wrong hands in the office 7.3 Jerome is an administrative clerk and has brought a firearm to work. He has had enough of workplace bullying and decided to take matters into his own hands. Nobody was hurt and security disarmed him 7.4 Shane has been employed as a software engineer. He has been occupying the position for 6 months. He has not been making his deadlines nor teaching his KPA's. After consultation and training there is no future for him at the company 7.5 Sibusiso is a disgruntled employee who is not impressed about the wage agreement between the Workplace forum and the employer. He is responsible for cleaning the filters of the equipment daily. Out of spite he failed to do this and as a result the manufacturing equipment malfunctioned costing the employer thousands of Rands to replace the equipment, 7.6 Clinton is working as a contractor on project Apollo. He has signed a fixed term contract. Unfortunately, the fund run out before term is reached and the contract needs to be terminated 7.7 Company Wil and Zee merged in July 2021. Due to the merger organisational restructuring has taken place as in many instances there were 2 people filing job. This was not cost effective for the newly established organisation as a result 30 employees have been retrenched 7.8 Harry works in a carpentry factory. Even though he wore his protective gloves, goggles and hat, an unfortunate accident happened. Harry got a fright when a bird flew into the factory. He was distracted and his hand was amputated by the automatic saw. Due to the nature of the factory, there was no other type of work available for Harry to do while recovering from the accident 7.9 As a result of a tumaround strategy. Capricorn Holdings has issued Section 189 letters Capricorn Holdings has a true economical predicament that they do not implement this strategy, they will go insolvent before the next financial year end 7.10 Anele has not been making his sales targets this month. He has started using Marijuana after his shifts to try and suppress some of his feelings. Anele got called in for a performance meeting with his manager and the conversation got very heated. Anele lost his temper and physically assaulted his manager End of Section COHMB1-833- Take Home Assessment Memorandum Block 3 2021 VID Page 10 of 12