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FACULTY OF ECONOMIC AND MANAGEMENT SCIENCES

Department of Human Resource Management

Labour Relations: ABV 320

ASSIGNMENT 3
Due date: 05 November 2021

LECTURER
Ms B Chabaya
Ms T Tsheole

INSTRUCTIONS

• Please read the case studies below and you need to answer all the questions that follow.
• This is an individual assignment
• It is very important to use additional literature research when answering questions, and take care
to cite and reference the sources properly.
• Avoid quoting unnecessarily from sources and copying and pasting answers, you will be penalised
for this. Therefore, paraphrase and write answers in your own words and conclusions.
• In addition to using the prescribed textbook, you MUST use other sources of information. Using
only the prescribed textbook to complete this assignment is not sufficient and will result in a very
poor mark.
• Substantiate all answers with relevant evidence, provisions or theory were relevant.
• Make sure you submit your assignment at least 30 minutes before the due date as turn it in might
not upload your assignment

Submission

• Read any Scenarios or Case Study provided in this assignment very carefully.
• Submit this Assignment as an MsWord document. No pdf document will be accepted
• Use Arial or Times New Roman size 12 with 1.5 spacing. Do not put a table of contents.
• Use correct referencing which must be done according to the APA or Harvard reference style. See
the UP Library website http://www.library.up.ac.za/referencing/index.htm.
• Use the Pre-submission link to submit your draft assignment as many times to view your Turn-it-
in similarity report. Your similarity should not exceed 30% and this is limited to direct quotes of
legislative provisions.
• The final assignment should be submitted via Turn-it-in Final submission link on or before the
due date
• No late assignments will be accepted

Marking Criteria

• In addition to using the prescribed textbook, you MUST demonstrate that you have consulted other
sources of information. Additional information is available from academic journal articles, eBooks
and various websites from establishments that deal with employment relations issues.
• This assignments contributes 50% towards your semester mark
1. The University of Pretoria commits itself to produce academic work of integrity. I affirm that I am aware
of and have read the Rules and Policies of the University, more specifically the Disciplinary Procedure
and the Tests and Examinations Rules, which prohibit any unethical, dishonest or improper conduct
during tests, assignments, examinations and/or any other forms of assessment. I am aware that no
student or any other person may assist or attempt to assist another student, or obtain help, or attempt to
obtain help from another student or any other person during tests, assessments, assignments,
examinations and/or any other forms of assessment. This assignment must be your own work. If it is
evident or becomes known that a student received assistance from another person, a 0% mark for this
assignment will be awarded. The student may be disciplined according to the student disciplinary code.
2. If a student commits plagiarism in any of the answers to the chosen questions, a 0% mark for this
assignment will be awarded for the entire paper.
3.

Question 1 (50 marks)

Joseph Kan, a 47-year-old husband has been employed as a security guard for Green
Hopes Pty (ltd) for the past 15 years. The company manufactures leather handbags
and backpacks which are made from elephant skin. Joseph’s main duty was to
safeguard the precious leather which is used in the production of the bags, this is done
through detailed compulsory search procedures for all persons leaving the section.
His duties entailed an individual search of each person in a private cubicle involving a
close personal inspection plus a detector scan. As a consequence of a decline in its
production, the Green Hopes had over three days in April 2021, resorted to video
surveillance at various points which revealed that of 24 specifically monitored
instances, Joseph had conducted only one search in accordance with the established
procedures. On eight occasions Joseph had conducted no search at all and on 15
other searches he allowed persons to sign the search register without conducting any
search at all. Green Hopes charged Joseph for being negligent for not complying with
the established procedures in terms of the company search procedure which resulted
in prejudice to the company in terms of production loss as well as dishonesty.

On Monday, the 4th of October 2021 Joseph received an email from Steven Brown
(Human Resources) informing him that his services with Green Hopes is terminated
with immediate effect. Joseph is frustrated and approaches you for advice.

1.1. Joseph feels that his dismissal is not fair and requires your assistance, critically
evaluate whether the dismissal of Joseph is fair or not and also state which
sanction is appropriate in Joseph’s case. In your answer refer to relevant
legislative provisions and facts in the case to substantiate your answer. 30
marks
 1.2 With the aid of a diagram, illustrate and explain which dispute resolution forum
will have jurisdiction as well as processes to be followed in respect of the above
dispute. (In your answer also provide an interpretation of the diagram applicable)
20 marks

Question 2

Amanda Lee is a 28-year-old employee at Solar Energy Pty (ltd) employed as a

receptionist. Amanda has been working for the company for the past 4 years. In 2018
she was diagnosed with asthma and her doctor informed her that she should avoid
places with hot and humid air as this may worsen her condition. The company currently
has one air conditioner and the rest of the air conditioners had not been repaired.
Amanda has made her supervisor aware of her health issue and other employees in
the same company are not aggrieved and not pleased with the current condition and
state that it impacts on their health as the employees of the company. Amanda and
her co-employees approach you for advice.

Discuss the nature of the issue applicable in the case study and the procedures that
Amanda and her co-employees may take to address this issue. (20 marks)

Question 3

Thabang Moeng is employed as a store manager for Cash Crusaders in Pretoria.

Thabang was appointed in June 2014 and has been working for the company for a
duration of 7 years. Thabang’s terms of the contract stated that he would be placed
on probation for a period of two years subject to satisfactory performance and that his
permanent appointment will be based on how well he performs during the probation
period. Thabang informs you that his probation was extended in 2018 after his
probation period ended and that his employer informed him that his probation will be
extended without providing him with sufficient reasons for the decision. Thabang is
frustrated and feels that he should be permanently employed, he wants to refer the
matter to the CCMA as he is not happy about his employer’s decision.
Thabang wants to know which process will be effective in resolving the dispute
between him and his employer and would like you to advise him. Discuss the
difference between conciliation and arbitration as methods of dispute resolution and
advice Thabang as to which method will be appropriate and effective in resolving his
dispute. In your discussion provide reasons for your argument (30 Marks).

Total 100 marks