Question1.

Read the facts below and answer the questions that follow.

FACTS: MARTINS DELI AND LABOUR LAW

(Source: No11deli.co.uk, 2023)

Mrs Hatti is an employee at Martins Deli, which is based in Pietermaritzburg. The Deli is a local hidden gem situated in the heart of the northern suburbs of Pietermaritzburg on two-acres of lush countryside gardens. It was established in 1989 and the founders philosophy was simple: serve good wholesome food that everyone can enjoy. Their main aim was always to develop products and services that meet the needs and exceed the expectations of customers across the globe. Today, Martins Deli is an award winning fast-casual restaurant chain that operates in Malaysia and Australia. Their menu has expanded from their renowned roast chicken to an array of gourmet pies, lasagne, pastas, soups, and grilled cheese sandwiches.

Mrs Hatti works six days per week and in terms of her contract of employment, she is required to work eleven hours per day. She generally takes a Tuesday off as this is their least busy day. The Basic Conditions of Employment Act limits working hours to a maximum of 45 hours per week and 8 hours per day. She is allowed to take a 20-minute meal break at any time between 12h00 14h00. Mrs Hatti seems very unhappy about her current employment condition. Also, in February, Mrs Hatti was demoted because of poor work performance. However, she was never informed, at any point, that her performance does not meet the required standard. This seems strange as Mrs Hatti had received a 3% increase in her salary, in December last year, due to her good performance. Upon an investigation, it was discovered that the demotion was due to a mistake that Mrs Hatti had made with one of the orders for a customer.

QUESTION:

Mrs Hatti is anxious, stressed, and troubled about her current employment condition. She approaches you for some advice regarding unfair labour practices. With reference to the above, provide a detailed discussion on what constitutes an unfair labour practice.