QUESTION 4

Read the scenario below and answer the questions that follow.

DISABLED WORKER TAKES ON EMPLOYER OVER DISMISSAL

A 33-year-old disabled full-time worker was dismissed after having worked for more than four years in a rehabilitation unit for disabled patients. She took her employer to labour court, accusing them of acting against labour legislation.

Every employer is legally obliged to provide all workers with a contract no later than the first day of employment. Employers are therefore well advised to enter into a job contract with a worker. It is also a fact that very few workers actually read the job contract before signing it.

She was informed that there were 'concerns' about her ability to care for patients and was given her final pay cheque on the same day.

The employer argued that her dismissal was fair, that they are inclusive and always act in the best interest of all their workers according to the company's values, vision, and purpose.

[Adapted from https://www.medicalbrief.co.za/. Accessed on 5 July 2023]

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Write an essay on labour laws. Use the following as a guideline:

1. Identify the relevant Labour Law that applies to the scenario above and give TWO possible reasons why the dismissal could be regarded as unfair.
2. Discuss FOUR possible reasons why a worker could be fairly dismissed.
3. Recommend TWO ways in which disabled people, like the worker in the scenario above, could protect themselves from unfair dismissal.
4. Examine why it is important for a worker to review a job contract. In EACH answer, also indicate how reviewing it may benefit the worker.

(1+2) (3)
(2X4) (8)
(3X3) (9)

[20]