This document has the MRL3702 QUESTIONS AND ANSWERS FOR ASSIGNMENT 02 0F SEMESTER 02 2023.
Legotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do her work
efficiently, she needs an advanced computer system fitted with the relevant
softwareas a standard resource for data captur...
MRL3702
ASSIGNMENT 02
SEMESTER 2 2023
QUESTIONS
AND QUALITY ANSWERS
, Legotla works for Tse-Ntsho (Pty) Ltd (TS) as a data capture. To do her work
efficiently, she needs an advanced computer system fitted with the relevant
softwareas a standard resource for data capturing. Earlier in the year, TS
requested all employees to indicate all they need to do the job. Legotla indicated
that she needs an advanced computer system fitted with the necessary software
for data capturing work. Eight months later, no such equipment is supplied despite
the queries she made almost every month. In other words, Legotla has been
working with an ill-equipped computer. During the year-end performance
assessment of the employees (assessment annually conducted to determine the
performance of each employee) Legotla' s performance was found wanting, was
disciplined, and punitively suspended from work for poor performance. Legotla
approached you for legal advice arguing that performing higher than what she did
was just not practically possible because, the equipment she used was not fit for
the purpose. Answer the following questions with reference to applicable legal
authority:
(i) Explain the concepts ‘punitive suspension’ and the fairness of it as used in the
case of Legotla.
(ii) Assume that Legotla resigns out of frustration two weeks after serving her
suspension because, once again she reminded TS to supply her with the
necessary equipment for work and got the following response ‘I do not need
problems, I need solutions. Make yourself helpful’. A month after Legotla’s
resignation TS receives an email from her and an attachment of a form called Form
7.11 from the CCMA which directs the employer to appear before the CCMA to
answer the allegation of Legotla's unfair dismissal. TS laughed the letter off and
says, Legotla is indeed disturbed in the head because, she is the one who
resigned. Discuss the prospects of success Legotla has on her claim for unfair
dismissal if any, the nature of dismissal and how it works. (10)
(iii) Assume further that Legotla got an intel (internal information) from a colleague
that the employer bought new equipment just a week after her resignation. Based
on that, Legotla wants to be reinstated by TS. Explain the concept, ‘reinstatement’
and the prospects of success Legotla has in her claim for reinstatement.
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