Protected Disclosure Act Criteria

Summary

Zola Kunenes disclosure to Kay FM about her companys unethical practices could be protected under the Protected Disclosures Act if it meets criteria like being made in good faith and involving unlawful conduct. Marcus suspension must be on full pay according to South African labour law. Franks age and time to retirement are not considered in his misconduct sanction. Ethel can be dismissed for misconduct if intentional damage is proven. Vegan Attempts may lawfully dismiss Chante after providing training and investigation. Automatically unfair dismissals cannot be deemed fair by the Labour Court. Penny does not need to prove employer agreement to re-employ for her dismissal claim. Employers may reward non-striking employees with bonuses. Intoxicated employees can be dismissed for misconduct, but fair procedure is required. Selective re-employment from a dismissed group can be an unfair labour practice.

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true or false
True.
Zola Kunene's actions could potentially be protected under the Protected Disclosures Act (PDA) if they meet the necessary criteria, such as being made in good faith and involving unlawful or irregular conduct. However, confirmation with specific legal advice is recommended.
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Choose the correct option: Marcus has been found guilty of misconduct by his employer. As the employer does not want to lose Marcus as an employee, they do not want to dismiss him. They have therefore decided to suspend Marcus for a period of three Question * Answer a. Marcus’ suspension may be without pay. / Marcus se skorsing mag sonder vergoeding wees. b. Suspension is not a valid form of disciplinary sanction. / Skorsing is nie ‘n geldige vorm van dissiplinêre sanksie nie. c. Marcus’ suspension must be on full pay. / Marcus se skorsing moet met volle vergoeding wees. d. Marcus’ suspension may only be without pay if Marcus agrees thereto. / Marcus se skorsing mag slegs sonder vergoeding wees indien Marcus daartoe instem.
The correct option is:
c. Marcus’ suspension must be on full pay. / Marcus se skorsing moet met volle vergoeding wees.
According to South African labour law, an employee's suspension pending a disciplinary hearing should generally be on full pay unless the employee agrees otherwise.
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Choose the correct option: RTL Accounting Services (Pty) Ltd is in the process of dismissing Frank, one of their senior accountants, for submitting fraudulent travel allowance claims to the value of R100 * for the past five years. Frank is eight months away from retirement and only has one warning for absence from work without leave on his disciplinary record. The disciplinary hearing has been completed and Frank has been found guilty of misconduct. All that remains to be decided is the sanction that will be appropriate for his misconduct. On the facts, which of the following factors will not be taken into account to determine the appropriate Question * Answer a. The nature of Frank’s position. / b. Frank’s age and how much time he has left before retirement. / c. The value of the fraudulent claims submitted. / d. Frank’s disciplinary record. / Frank se dissiplinêre rekord.
Option b. Frank’s age and how much time he has left before retirement will not be taken into account when determining the appropriate sanction for Frank's misconduct.
Employment decisions are generally based on the nature of the misconduct and the impact on the company, rather than personal factors like age or proximity to retirement.
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Choose the correct option: RTL Accounting Services (Pty) Ltd is in the process of dismissing Frank, one of their senior accountants, for submitting fraudulent travel allowance claims to the value of R100 * for the past five years. Frank is eight months away from retirement and only has one warning for absence from work without leave on his disciplinary record. The disciplinary hearing has been completed and Frank has been found guilty of misconduct. All that remains to be decided is the sanction that will be appropriate for his misconduct. On the facts, which of the following factors will not be taken into account to determine the appropriate Question * Answer a. The nature of Frank’s position. / b. Frank’s age and how much time he has left before retirement. / c. The value of the fraudulent claims submitted. / d. Frank’s disciplinary record. / Frank se dissiplinêre rekord.
Based on the facts provided, the factor that will not be taken into account to determine the appropriate sanction for Frank's misconduct is:
b. Frank’s age and how much time he has left before retirement. / Frank se ouderdom en hoeveel tyd hy nog het voor aftrede.
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Choose the correct option: Ethel is an employee of Fanele and works at an art gallery. On the opening night of a new exhibition, Ethel moves one of the ceramic art pieces to a different display table with better lighting and accidently drops it. The ceramic art piece shatters when it hits the ground and Fanele cannot believe that the magnificent art piece is a. Fanele can summarily dismiss Ethel for gross negligence. / Fanele kan Ethel summier ontslaan weens ernstige nalatigheid. b. Ethel can claim automatically unfair dismissal based on gender against Fanele, should he dismiss her. / Ethel kan outomaties onbillike ontslag op grond van geslag teen Fanele eis, sou hy haar ontslaan. c. Ethel is guilty of gross insubordination. / Ethel is skuldig aan growwe insubordinasie. d. Fanele can dismiss Ethel for misconduct if he can prove that she damaged the art piece intentionally. / Fanele kan Ethel weens wangedrag ontslaan as hy kan bewys dat sy die kunsstuk opsetlik beskadig het.
The correct option is:
d. Fanele can dismiss Ethel for misconduct if he can prove that she damaged the art piece intentionally. / Fanele kan Ethel weens wangedrag ontslaan as hy kan bewys dat sy die kunsstuk opsetlik beskadig het.
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True or False: After being on probation for one year and after being provided with extensive training, instruction, and guidance, Chante Davis continues to produce unsatisfactory work. Her employer, Vegan Attempts Recipe Developers, gave her adequate time to improve, and thoroughly investigated her reasons for her unsatisfactory performance. Vegan Attempts may lawfully dismiss Chante. a. True / Waar b. False / Onwaar
Given the information provided, it is likely that Vegan Attempts may lawfully dismiss Chante Davis. The employer has provided extensive training, adequate time to improve, and conducted a thorough investigation.
a. True / Waar
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True or False: The Labour Court may deem an automatically unfair dismissal fair if the employer proves that the dismissal was based on a fair reason related to the employee’s conduct or capacity; or based on the employer’s operational requirements. --------------------------------------- Waar of Onwaar: Die Arbeidshof mag ‘n outomaties onbillike ontslag as billik ag indien die werkgewer bewys dat die ontslag gebaseer was op ‘n billike rede wat verband hou met die werknemer se optrede of kapasiteit, of gebaseer was op die werkgewer se operasionele vereistes. Question * Answer a. False / Onwaar b. True / Waar
The correct answer is:
a. False / Onwaar
Automatically unfair dismissals cannot be deemed fair by the Labour Court, regardless of the reasons provided by the employer.
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Choose the correct option: Penny was an employee of GC Superstores (Pty) Ltd. Penny was dismissed as part of a group of * employees who participated in an unprotected strike. Six months after their dismissals Penny hears that ten of the employees who were dismissed with her have been re-employed by GC Superstores (Pty) Ltd. Penny wants to refer an unfair dismissal dispute because GC Superstores (Pty) Ltd did not re-employ her. Which one of the following is not an element that Penny will have to prove to be successful with her dismissal claim a. That the employer had agreed to re-employ the dismissed employees after their dismissal for participation in the unprotected strike. / b. That she was part of a group of employees who had been dismissed for the same reason. / c. That some of the employees originally dismissed have been re-employed by the employer. / d. That the employer has refused to re-employ her, even though others who were dismissed with her, had been re-employed. /
The correct option is:
a. That the employer had agreed to re-employ the dismissed employees after their dismissal for participation in the unprotected strike.
This is not an element Penny needs to prove to be successful with her dismissal claim.
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Choose the correct option: An employer may at the end of a year give a bonus to employees who have not participated in a strike during the course of the year. --------------------------------------- Kies die korrekte opsie: Aan die einde van 'n jaar kan 'n werkgewer 'n bonus gee aan werknemers wat nie deur die jaar aan ‘n staking deelgeneem het nie. Question * Answer a. True / Waar b. False / Onwaar
An employer in the Western Cape, South Africa, may indeed give a bonus to employees who have not participated in a strike during the course of the year. This practice is typically seen as a reward for loyalty and uninterrupted work.
a. True / Waar
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True or False: An employee who frequently arrives at work in an intoxicated state due to the use of alcohol can always be fairly dismissed on the grounds of misconduct, and the employee could never have a claim based on unfair dismissal for any reason. --------------------------------------- Waar of Onwaar: 'n Werknemer wat gereeld in 'n besope toestand by die werk aankom as gevolg van die gebruik van alkohol se ontslag op grond van wangedrag sal altyd billik wees, en die werknemer sal nooit 'n eis wat gebaseer is op onbillike ontslag hê nie. Question * Answer a. True / Waar b. False / Onwaar
False / Onwaar.
An employee who frequently arrives at work intoxicated can be dismissed for misconduct, but the dismissal must still follow a fair procedure and consider mitigating factors. The employee might still have a claim for unfair dismissal if due process is not followed or if there are extenuating circumstances.
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True or False: If an employer selectively re-employs employees from a group of employees dismissed for the same reason, the employer’s conduct amounts to an unfair labour practice. --------------------------------------- Waar of Onwaar: Indien ‘n werkgewer selektief werknemers herindiensneem uit ‘n groep werknemers wat vir dieselfde rede ontslaan is, sal die werkgewer se optrede neerkom op ‘n onbillike arbeidspraktyk. Question * Answer a. True / Waar b. False / Onwaar
True / Waar. If an employer selectively re-employs employees from a group dismissed for the same reason, it often constitutes an unfair labour practice as it can be seen as discriminatory or inconsistent.
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