Exam (elaborations)
IRM1501 May June Exams 2024
- Course
- Institution
IRM1501 May June exams 2024
[Show more]
1 review
By: Hometutor • 5 months ago
Seller
Follow
Thandolowethu
Reviews received
Content preview
IRM1501 PORTFOLIOMAY 2024
EXAM QUESTIONS
QUESTION 1
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.
Case Summary: Sidumo v Rustenburg Platinum Mines Ltd & Others
Facts:
Mr. Sidumo was employed by Rustenburg Platinum Mines as a security officer responsible
for patrolling a high-security facility where precious metals were separated. He was
dismissed for failing to follow established search procedures, which the Mine viewed as
misconduct. Mr. Sidumo contested his dismissal, referring the dispute to the Commission
for Conciliation, Mediation and Arbitration (CCMA) under the Labour Relations Act (LRA).
The CCMA commissioner found him guilty of misconduct but noted the absence of
dishonesty and considered his clean 15-year service record. Consequently, the
commissioner ordered Mr. Sidumo's reinstatement with three months' compensation and
a written warning. The Mine applied to the Labour Court to review and set aside this award,
but the application was dismissed. The Mine's appeal to the Labour Appeal Court was also
dismissed. However, the Supreme Court of Appeal (SCA) ruled in favor of the Mine,
holding that the dismissal was fair. Mr. Sidumo then applied to the Constitutional Court for
leave to appeal against the SCA's decision.
Legal Question:
The main legal question was whether the CCMA commissioner’s decision to reinstate Mr.
Sidumo was one that a reasonable decision-maker could reach and whether the SCA erred
in overturning this decision by substituting its own judgment for that of the commissioner.
Ratio Decidendi:
The Constitutional Court had to determine the correct standard of review for CCMA
arbitration awards in dismissal disputes. The Court's majority held that in deciding whether
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Thandolowethu. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.87. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now