Podcast
Questions and Answers
Which of the following actions is protected under S187(1)(d)?
Which of the following actions is protected under S187(1)(d)?
The purpose of S187(1)(d) is to allow employees to exercise their rights without fear of victimization.
The purpose of S187(1)(d) is to allow employees to exercise their rights without fear of victimization.
True
What does S187(1)(d) protect employees from?
What does S187(1)(d) protect employees from?
Dismissal due to exercising rights conferred by the LRA or participating in related proceedings
S187(1)(d) does not apply to disputes involving __________ employees.
S187(1)(d) does not apply to disputes involving __________ employees.
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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Which of the following is NOT a reason for automatically unfair dismissal?
Which of the following is NOT a reason for automatically unfair dismissal?
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The employer has the burden of proof in cases of automatically unfair dismissal.
The employer has the burden of proof in cases of automatically unfair dismissal.
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What section provides the reasons for automatically unfair dismissal?
What section provides the reasons for automatically unfair dismissal?
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An employee cannot be dismissed due to their _____ without it being considered automatically unfair.
An employee cannot be dismissed due to their _____ without it being considered automatically unfair.
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Match the automatically unfair dismissal reasons to their descriptions:
Match the automatically unfair dismissal reasons to their descriptions:
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If an employee establishes a credible possibility of automatically unfair dismissal, what must the employer prove?
If an employee establishes a credible possibility of automatically unfair dismissal, what must the employer prove?
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Participation in a protected strike is a valid reason for automatically unfair dismissal.
Participation in a protected strike is a valid reason for automatically unfair dismissal.
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What type of disclosure is protected under the Protected Disclosures Act?
What type of disclosure is protected under the Protected Disclosures Act?
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What does S4 primarily protect?
What does S4 primarily protect?
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S5 offers protection against dismissal due to trade union activities.
S5 offers protection against dismissal due to trade union activities.
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What must a lock-out comply with to be protected?
What must a lock-out comply with to be protected?
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The case of Jacobson v Vitalab took place in the year _____
The case of Jacobson v Vitalab took place in the year _____
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In the case Victor v Finro Cash and Carry, the ruling was made in what year?
In the case Victor v Finro Cash and Carry, the ruling was made in what year?
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Dismissals due to operational restructuring are automatically unfair.
Dismissals due to operational restructuring are automatically unfair.
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Match the following cases with their primary legal focus:
Match the following cases with their primary legal focus:
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Which section of the LRA specifically protects the rights of employees from unfair dismissal due to trade union activities?
Which section of the LRA specifically protects the rights of employees from unfair dismissal due to trade union activities?
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What constitutes a dismissal if an employee resigns after a transfer due to substantially less favorable terms and conditions?
What constitutes a dismissal if an employee resigns after a transfer due to substantially less favorable terms and conditions?
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The employee does not need to provide evidence linking the dismissal to the transfer.
The employee does not need to provide evidence linking the dismissal to the transfer.
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What act regulates protected disclosures?
What act regulates protected disclosures?
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A disclosure regarding conduct of an employer must establish that a _____ occurred.
A disclosure regarding conduct of an employer must establish that a _____ occurred.
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Which of the following is NOT a reason for protected disclosure according to the act?
Which of the following is NOT a reason for protected disclosure according to the act?
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What must an employer prove regarding the inherent requirements of a job?
What must an employer prove regarding the inherent requirements of a job?
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Match the following reasons for protected disclosures with their descriptions:
Match the following reasons for protected disclosures with their descriptions:
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An employer can dismiss an employee based solely on their HIV status.
An employer can dismiss an employee based solely on their HIV status.
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An employee can claim that dismissal was used to avoid obligations under S197, even if the transfer itself was not the direct cause of the dismissal.
An employee can claim that dismissal was used to avoid obligations under S197, even if the transfer itself was not the direct cause of the dismissal.
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What conditions must be met for a dismissal to be considered automatically unfair due to depression?
What conditions must be met for a dismissal to be considered automatically unfair due to depression?
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What must the employer show if an employee claims dismissal was due to the transfer?
What must the employer show if an employee claims dismissal was due to the transfer?
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An employer bears the onus to show that accommodating an employee would cause __________ hardship.
An employer bears the onus to show that accommodating an employee would cause __________ hardship.
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In the case of Johnson & Johnson (Pty) Ltd v Chemical Workers Industrial Union, what was held regarding female employees?
In the case of Johnson & Johnson (Pty) Ltd v Chemical Workers Industrial Union, what was held regarding female employees?
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Section 197 ensures that transferred employees do not lose favorable terms from their previous employer.
Section 197 ensures that transferred employees do not lose favorable terms from their previous employer.
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If a job requirement restricts a religious belief that does not impair an employee's duties, it is __________.
If a job requirement restricts a religious belief that does not impair an employee's duties, it is __________.
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Employers can dismiss employees for operational reasons during a protected strike even if the reason is not the dominant cause.
Employers can dismiss employees for operational reasons during a protected strike even if the reason is not the dominant cause.
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What must an employer prove if they dismiss an employee for operational reasons during a strike?
What must an employer prove if they dismiss an employee for operational reasons during a strike?
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Refusal to work during a strike could be considered ______ unless necessary for safety.
Refusal to work during a strike could be considered ______ unless necessary for safety.
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Which of the following forms of replacement labor does NOT pose a threat to the right to strike?
Which of the following forms of replacement labor does NOT pose a threat to the right to strike?
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Criminal activities like assault or damage to property cannot justify dismissal during a protest.
Criminal activities like assault or damage to property cannot justify dismissal during a protest.
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In the NUMSA & Others v Dorbyl Ltd & Another case, what factor predated the strike and contributed to the dismissals?
In the NUMSA & Others v Dorbyl Ltd & Another case, what factor predated the strike and contributed to the dismissals?
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Match the dismissal reason with its corresponding protection:
Match the dismissal reason with its corresponding protection:
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Study Notes
Automatically Unfair Dismissals
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Automatically unfair dismissal occurs when dismissal is based on one of 9 reasons, infringing a basic human right.
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9 reasons for automatically unfair dismissal:
- Infringement of freedom of association (S5 of LRA).
- Participation in a protected strike.
- Refusal to do the work of another employee participating in a protected strike.
- Refusal of employee demand concerning a mutual interest.
- Exercising, or indicating intention to exercise, rights conferred by the Act or instituting proceedings.
- Pregnancy.
- Discrimination.
- Transfer of a business under S197 LRA.
- Protected disclosures under the Protected Disclosures Act.
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The onus is initially on the employee to establish a credible possibility of an automatically unfair dismissal (De Beer v SA Export Connection CC).
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If the employee proves automatically unfair dismissal, the employer cannot defend the termination by proving the reason was fair. The employer must prove an alternative fair reason for the dismissal.
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If discrimination is alleged, the employer may have a defence under S187(2).
Dominant/Proximate Cause
- The initial inquiry in automatically unfair dismissal cases is into the real reason for the dismissal.
- The court uses a two-prong test:
- Factual Causation: would the dismissal have occurred without the alleged automatically unfair reason?
- Legal Causation: was the alleged reason the main cause of dismissal? The court looks at the most probable inference from the facts.
Prescribed Case (Aveng Trident Steel)
- Aveng experienced declining sales and profitability due to harsh economic conditions and rising costs.
- Aveng initiated consultation for retrenchment under section 189(3) of the LRA, potentially affecting 1,784 employees.
- Aveng offered voluntary severance packages (VSPs) and early retirement options.
- NUMSA proposed a reduced grade structure.
- 253 employees left the company (249 took VSPs, 4 were retrenched).
- Aveng reached an interim agreement, but NUMSA later reneged.
- Aveng implemented a redesigned job structure, with 71 employees accepting. 733 employees rejected the offer and were terminated on April 24, 2015.
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Description
This quiz explores the concept of automatically unfair dismissals, focusing on the nine specific reasons that qualify under human rights infringement. It covers legal frameworks and case law essential for understanding employee rights in the workplace. Test your knowledge of these crucial legal protections and their implications for employers and employees.
