NAME: XOLISA

SURNAME: SIKEMBULA

STUDENT NUMBER: 65173104

UNIQUE NUMBER: 520738

DUE DATE: 21 AUGUST

ASSIGNMENT 01

QUESTION 1

1. Does the one party have an interest that deserves protection at the
termination of the employment?
2. If so, is that interest threatened/prejudiced by the other party?
3. Does such interest weigh qualitatively and quantitatively against the interest of
the other party not to be economically inactive and unproductive?
4. Is there an aspect of public policy having nothing to do with the relationship
between the parties, which requires that the restraint be maintained or
rejected?
5. Does the restraint go further than necessary to protect the interest?

QUESTION 2

This is discrimination, indirect discrimination because the company policy appears to

be to be neutral but then unjustifiably affects a disproportionate number of a group,
for example, because of their of their sex. The PP Powers Manufactures company
policy indirectly discriminates; against those who are not married. The grounds on
which it is based are: Affirmative action; and the inherent requirements of the job.
QUESTION 3

● In terms of section 23(1) of the Constitution everyone (including employers)

have the right to fair labour practices.

● The right in the Constitution is wide and protects all workers including those
who are not employees in terms of the LRA.

● The protection against unfair labour practices in the LRA is limited to those
who qualify as employees.

● Protection of employees in the LRA is only against specific actions by

employers.

● The protection in the LRA is limited to the list of action included in the
definition of unfair labour practices.
 ● In terms of the definition in the LRA, an employee cannot commit an unfair
labour practice towards the employer, only an employer can commit an unfair
labour practice against an employee.
QUESTION 4
The company can suspend X, a precautionary suspension. It is implemented to allow
an employer to investigate the alleged misconduct which is X’s absenteeism, and to
decide whether disciplinary action should be taken against X. suspension as a rule is
with pay; unless X agrees to suspension without pay, or a law or collective
agreement authorises unpaid suspension. It may be helpful to afford X an
opportunity to state his case before making a decision to suspend.