MRL3702 ASSIGNMENT 2 SEMESTER 2 – 2023

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MRL3702 ASSIGNMENT 2 SEMESTER 2 – 2023

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.

(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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