chapter 5

Question 1

What does section 185 of the LRA state?

Answer 1

Every employee has the right to not be unfairly dismissed or subjected to an unfair Labour practice.

Question 2

What are the 3 enquiries to ask about unfair dismissal?

Answer 2

1. are they an emplyee?
2. were they dismissed?
3. was it fair/ unfair?

Question 3

What is the statutory definition of dimissal and onus?

Answer 3

the termination of employment by the employer while recognizing situations where employee terminates relationship.

Question 4

What are the two sections in sections 186(1)[b] of the LRA that speak aboout non-renewal of a fixed term contract?

Answer 4

i) an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it’.
ii) same as (i) but instead of renewing they refused to retain.

Question 5

What section is selective re-employment?

Answer 5

section 186(1)(d)

Question 6

What is selective re-employment?

Answer 6

failure by the employer to offer re-employment, on the face of it, does not yet constitute dismissal; the affected employees must request to be re-employed and can only claim to have been dismissed if the employer refuses.