Introduction to Research Methodology for Law and C
Institution
University Of South Africa (Unisa)
IRM1501 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 17 - 24 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
QUESTIONS
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BL...
Introduction to Research Methodology for Law and C
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IRM1501
Introduction to Research Methodology for Law and Criminal Justice
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 150258
DUE DATE: - 17 - 24 MAY 2024 @ 12:00
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg
Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to
be applied when determining the fairness of the dismissal. Discuss the case
of Sidumo in the prescribed format (facts, legal question, reasons for the
decision or ratio decidendi and the findings of the case) and highlight the
test that the Constitutional Court designed in deciding on fairness in labour
law matters. (15 Marks) QUESTIONS CONTINUE…..
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The Constitutional Court of South Africa in the case of Sidumo v
Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC)
devised a new test to be applied when determining the fairness of the
dismissal. Discuss the case of Sidumo in the prescribed format (facts,
legal question, reasons for the decision or ratio decidendi and the
findings of the case) and highlight the test that the Constitutional Court
designed in deciding on fairness in labour law matters. (15 Marks)
Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097
(CC) in the prescribed format:
Facts: Mr. Sidumo was a security guard employed by Rustenburg Platinum
Mines Ltd. He was dismissed for incompetence after failing to perform his
duties, which led to a significant amount of precious metal being stolen. Mr.
Sidumo challenged his dismissal at the CCMA, arguing that it was unfair.1
Legal Question: The central legal question was whether the decision made
by the commissioner at the CCMA to reinstate Mr. Sidumo was one that a
reasonable decision-maker could not reach. This required the Constitutional
Court to consider the appropriate standard of review in labour disputes
concerning dismissals.2
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