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LABOUR LAW MRL3702 ASSIGNMENT 01 SEMESTER 01. (Due 18 August 2023)
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LABOUR LAW MRL3702 ASSIGNMENT 01 SEMESTER 01. (Due 18August 2023)
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UNISA: UNIVERSITY OF SOUTH AFRICA STUDENT NAME:GT BVUMA STUDENT NO: 53112245 COURSE NAME AND CODE: LABOUR LAW , MRL3702 ASSIGNMENT 01 SEMESTER 01 UNIQUE NO: 803243 DEADLINE FOR SUBMISSION: 24 MAY 2021 Page 1 of 2 Question 1 : Answer Summary of facts of the case In the Mthembu and Others Case , the employees were employed in a workplace that is fraught with danger. The employer’s business involves dangerous machinery and vehicles, moving of large logs weighing between 30 and 100 Kgs. In this working environment, should an error occur, it would cause serious injuries and death. The employer as part of its workplace safety regulations, adopted a zero -tolerance stance on substance abuse. This was evident from its substance abuse policy and the regular “ toolbox” safety talks it held with employees. The employer conducted drug tests on all its employees. Laboratory tests on the urine samples yielded positive results, confirming that four employees had tested positive for cannabis use. The applicants were found guilty un der the charge of being under the influence of intoxicating substance whilst on duty and were subsequently dismissed. The applicants referred the matter to arbitration, challenging the fairness of their dismissal. Issues(s) in dispute The legal question to be answered by the Arbitrator of the Court was whether the dismissal of the Applicants was substantively fair. Court decision The commissioner noted that that the Constitutional court had just decriminalised the use of cannabis in private time. However , the Constitutional court decision on legalizing the private use of cannabis, does not disempower the employer to enforce and implement safety regulations in the workplace. Employers are still entitled to discipline employees who use cannabis or are under its i nfluence during working hours, as they are danger to themselves and other employees. The employer’s operations indicated that such a prohibition was reasonable, and the applicants knew that they were not allowed to report for work while under the influence cannabis. The dismissals of the applicants are found to be substantively fair and consequently the application was dismissed. Well supported legal opinion This case in centred around health and safety in the workplace and the observance of safety regulations by both, the employer and employees working in a dangerous workplace fraught with danger. Therefore, the dangerous nature of the working environment was an important factor in this award. In an environment which is less dangerous, or not at all dangerous, such as an office environment, a sanction of dismissal would have been harder to defend; in such cases, a final written warning would more likely be app ropriate in the eyes of the CCMA or Bargaining council. Section 6 of the Employment Equipment Equity Act1) prohibits unfair discrimination against employees on the grounds of disability or illness. This means that an employer may not discriminate against an employee on the grounds of disability . In addition, the same piece of legislation, obliges employers to f ind ways of recruiting and seeking ways to accommodate people with disabilities. _______________________________ 1 Employment Equity Act, No 55 of 1998The benefits of buying summaries with Stuvia:
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