Mantsho and Moshoueu, LLB students for RR University are engaged in a conversation
in a train from Pretoria to Tembisa. You are in the same train minding your business but
the issue they are discussing catches your attention because it relates to one of the labour
law aspects. What sparked the conversation is that a certain Lepara who had reported to
work under the influence of an unknown intoxicating substance was told to leave the
employer’s business premises and never to set his foot there ever again. Mantsho and
Moshoueu think that the employer’s conduct amounted to an automatically unfair
dismissal because the employer did not afford Lepara an opportunity for a fair hearing. A
FIRST SEMESTER ASSIGNMENT 02
lady next to you, Lefofa who is studying Journalism at the same University nods her head
in agreement with Mantsho and Moshoueu.
Advise with reference to the relevant authority whether the view shared by Mantsho,
Moshoueu and Lefofa is legally correct, give reasons for your answer and define an
automatically unfair dismissal. (10)