SECTION A $[100$ MARKS$]$

Read the case study carefully and answer ALL the questions that follow.

DANDELION FINANCIAL SERVICES

Leila Dandelion a forty$-$five$-$year$-$old female is the founder of the Dandelion Financial Services $($DFS$)$ Group. The DFS

Group is a leading and professional financial services group with an extensive national footprint. Their focus is on clients$$

financial needs from asset and wealth management to insurance with a detailed focus on wealth creation and

preservation. They also offer estate planning and fiduciary services. The Group$$s vision is to be a highly respected

advice$-$led financial technology firm within Southern Africa and selected regions abroad.

Employees of the DFS Group decided to engage in a protected strike at the Musgrave office. During the protected strike,

some of the strikers had vandalized property belonging to the DFS Group. The parties who were responsible for

vandalizing the property can be clearly identified from the CCTV video recording.

$($Source: Adapted from Digitalevents.psg$.$co$.$za$,2021)$

QUESTION $1(20$ Marks$)$

Leila Dandelion, the founder of the Dandelion Financial Services $($DFS$)$ Group, would like to know whether

she can take any legal action against these employees for their conduct. She approaches you for advice in

this regard.

$1\mathrm{.}1$ Explain the process that must be followed before a protected strike can be lawfully undertaken. $(11$ Marks$)$

$1\mathrm{.}2$ In light of the above, outline the consequences of a protected strike. $(4$ Marks$)$

$1\mathrm{.}3$ Advise Leila if she can take any legal action against these employees. If so$,$ briefly elaborate on what

legal action may be taken.

$(5$ Marks$)$

QUESTION $2(20$ Marks$)$

With reference to the above, discuss the substantive and procedural fairness of a dismissal for misconduct.

QUESTION $3(30$ Marks$)$

$3\mathrm{.}1$ In order for employees to be protected when participating in a protest action, outline the procedure that

must be met.

$(5$ Marks$)$

$3\mathrm{.}2$ The right to engage in a protest action is an important constitutional provision in the South African

Constitution. Write a brief opinion outlining why one should have the right to protest regarding labour issues.

$(5$ Marks$)$

$3\mathrm{.}2\mathrm{.}1$ Considering the above, discuss the role of the South African Constitution within the legislative

framework.

$(20$ Marks$)$

QUESTION $4(30$ Marks$)$

Leila would like to know what the difference is between a strike, lock$-$out and protest action.

$4\mathrm{.}1$ Provide a discussion differentiating between a strike and protest action. $(20$ Marks$)$

$4\mathrm{.}2$ Provide Leila with a definition and explanation of what a lock$-$out constitutes. In your answer, explain the

pre$-$requisites for the existence of a lock$-$out.