Your friend, Mmamkiti, was appointed as a domestic worker at a farm called Arboretum , situated

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Question:

Your friend, Mmamkiti, was appointed as a domestic worker at a farm called Arboretum, situated near Durban. In terms of her contract of employment, the term of employment was from 1 February 2023 – 30 April 2023 (she was appointed to replace Sally, who was absent due to maternity leave). Her salary was indicated as R25,42 per hour. (Her working hours were indicated as 07:00 – 17:00 from Monday to Saturday, with a daily lunch break from 13:00 – 14:00.)

On 1 May 2023, Mmamkiti, relaxing at home, received a call from Mr Mohammed (the owner of Arboretum). Mr Mohammed was furious because Sally had not returned from maternity leave, and he (Mr Mohammed) requested Mmamkiti to return to the farm and to continue working in the house.

Mmamkiti returned to work and continued working on the farm. On 9 June, she went out for lunch at 13:00. She returned at 14:05. Mr Mohammed dismissed her on the spot for being late. He handed her an envelope containing an amount of R1 000 – her salary for June.

Mmamkiti is of the opinion that she was not treated fairly in more than one respect. Knowing that you have completed MLAW7910 successfully, she approaches you for help. Please advise her on the following:

4.1 Mmamkiti is scared that she does not have a right to question the termination of her employment because she was not permanently appointed. Please advise Mmamkiti in this regard with reference to the protection she is entitled to in terms of secs 198 & 198A-C of the Labour Relations Act 66/1995. (11)

4.2 In respect of the Basic Conditions of Employment Act 75/1997 and the National Minimum Wage Act 9/2018, please advise her on the correctness, or not, of her agreed-upon remuneration. (7)

4.3 During your conversation, Mmamkiti also tells you that Mr Mohammed subjected her to a TB test once a month. With reference to the Employment Equity Act 55/1998 as well as case law, indicate whether this may have resulted in unfair discrimination. (8)

4.4 Explain to Mmamkiti nine (9) reasons why her dismissal can be regarded as unfair.