Read the scenario below and answer ALL the questions that follow

Red Flaggers is a well$-$established company operating in South Africa, known for its diverse workforce. However, it has a

company policy that explicitly states that it does not hire non$-$religious individuals. This policy is rooted in the belief that

employees must adhere to a specific religious faith to maintain a harmonious work environment.

John, a dedicated and hardworking employee of Red Flaggers, had been a devout member of a religious faith for many

years. However, due to a profound personal transformation and a change in his beliefs, John decided to abandon his

religious faith and identify as non$-$religious. He believed that this change in his personal beliefs was essential for his

authentic self$-$expression.

Upon learning about John's decision, Red Flaggers' management, in accordance with their policy, decided to dismiss him

from his position. John was devastated by this decision, as he had been a loyal and productive employee for many years.

John also feels that his dismissal was procedurally unfair.

In this scenario, John believes that he has been unfairly discriminated against based on his change in religious belief and

seeks legal recourse under South African law. John approaches you for advice regarding his case.

QUESTION $1$

$(25$ Marks$)$

Advise John by referring to critical issues related to unfair discrimination and the protection of individual rights in the South

African context. Make reference to the scenario; the Employment Equity Act of $1998$; and the Promotion of Equality and

Prevention of Unfair Discrimination Act of $2000.$

QUESTION $2$

$(25$ Marks$)$

Using the above scenario, critically discuss the requirements for both substantive and procedural fairness within the context

of South African Law.

QUESTION $3$

$(25$ Marks$)$

John asks you to advise him on the application of the Basic Conditions of Employment Act, in your answer, critically outline

all the minimum conditions of employment.

QUESTION $4$

$(25$ Marks$)$

John is unsure of whether he should make a claim for loss of income and emotional pain and suffering against the

Company vicariously or against the manager personally. Fully advise, critically, whether the company can be held liable

vicariously in this scenario.