SUMMATIVE ASSESSMENT (ASSIGNMENT)-2020 SECOND SEMESTER LBR400 ADVANCED LABOUR RELATIONS N QUESTION 1 (25) Read the following extract and case study, and answer the questions that follow: General Notice 1517 on the code of good practice on dismissal based on operational requirements (published in GG 20254, dated 16 July 1999) states as follows: As a general rule, economic reasons are those that relate to the financial management of the enterprise. Technological reasons refer to the introduction of new technology which affects the work relationship either by making existing jobs redundant or by requiring employees to adapt to the new technology or a consequential restructuring of the workplace. Structural reasons relate to the redundancy of posts consequent to a restructuring of the employer's enterprise Case study Seaview Investments (Pty) Ltd employs 177 employees. Due to financial difficulties the company is contemplating retrenchments of 20 employees across all occupational levels. The majority of employees below supervisory level belong to FIWU, a registered trade union. Some of the trade union members and supervisory and managerial staff may be affected by the retrenchments. Seaview Investments approaches you for advice. They are unsure whether they are compelled to consultor negotiate with employees about the pending retrenchments. 1.1 With reference to the above, discuss the requirements that Seaview Investments (Pty) Ltd needs to consider when contemplating a dismissal for operational requirements. You have to refer to relevant legislation, case law and codes of practice. It is not sufficient merely to have a theoretical discussion. You need to apply the theory to the case study (15) 1.2 Read the extract below and answer the question that follows. In the case of Thompson v Samaki Beach Lodge 3 (2009) 30 ILJ 1396 (CCMA) at 1417D-J the court stated as follows: There is an extremely fine line between misconduct and incapacity for operational requirements) in some instances and that line is not easily drawn in many instances. As proper categorization of a dispute will determine what course of action will be taken against an employee, there is no doubt that proper categorization is extremely important. A proper distinction should be made between a misconduct enquiry and a poor work performance incapacity enquiry as the latter does not require any investigation into the issue of culpability... The distinction between dismissal for misconduct and dismissal for poor work performance is often blurred and misunderstood. You are required to conduct research in order to find two cases concerning the dismissal of employees for poor work performance and misconduct respectively. Include a brief summary of the facts of each case and the exact reference. Secondly, include a table in which you provide a summary of the procedural requirements of both types of dismissal. (10) SUMMATIVE ASSESSMENT (ASSIGNMENT)-2020 SECOND SEMESTER LBR400 ADVANCED LABOUR RELATIONS N QUESTION 1 (25) Read the following extract and case study, and answer the questions that follow: General Notice 1517 on the code of good practice on dismissal based on operational requirements (published in GG 20254, dated 16 July 1999) states as follows: As a general rule, economic reasons are those that relate to the financial management of the enterprise. Technological reasons refer to the introduction of new technology which affects the work relationship either by making existing jobs redundant or by requiring employees to adapt to the new technology or a consequential restructuring of the workplace. Structural reasons relate to the redundancy of posts consequent to a restructuring of the employer's enterprise Case study Seaview Investments (Pty) Ltd employs 177 employees. Due to financial difficulties the company is contemplating retrenchments of 20 employees across all occupational levels. The majority of employees below supervisory level belong to FIWU, a registered trade union. Some of the trade union members and supervisory and managerial staff may be affected by the retrenchments. Seaview Investments approaches you for advice. They are unsure whether they are compelled to consultor negotiate with employees about the pending retrenchments. 1.1 With reference to the above, discuss the requirements that Seaview Investments (Pty) Ltd needs to consider when contemplating a dismissal for operational requirements. You have to refer to relevant legislation, case law and codes of practice. It is not sufficient merely to have a theoretical discussion. You need to apply the theory to the case study (15) 1.2 Read the extract below and answer the question that follows. In the case of Thompson v Samaki Beach Lodge 3 (2009) 30 ILJ 1396 (CCMA) at 1417D-J the court stated as follows: There is an extremely fine line between misconduct and incapacity for operational requirements) in some instances and that line is not easily drawn in many instances. As proper categorization of a dispute will determine what course of action will be taken against an employee, there is no doubt that proper categorization is extremely important. A proper distinction should be made between a misconduct enquiry and a poor work performance incapacity enquiry as the latter does not require any investigation into the issue of culpability... The distinction between dismissal for misconduct and dismissal for poor work performance is often blurred and misunderstood. You are required to conduct research in order to find two cases concerning the dismissal of employees for poor work performance and misconduct respectively. Include a brief summary of the facts of each case and the exact reference. Secondly, include a table in which you provide a summary of the procedural requirements of both types of dismissal