MRL 3702 STUDY UNIT 7 - FAIR & UNFAIR DISMISSAL AND DISPUTE RESOLUTION questions and answers with detailed accurate solutions

DISMISSAL BASED ON OPERATIONAL REASONS - ANSDismissal based on operational reasons is regarded as a "no fault" dismissal because the termination does not result from the actions or fault of the employee. FOUR BROAD CATEGORIES OF OPERATIONAL REQUIREMENTS - ANS1. Economic needs 2. Technological needs 3. structural needs 4. similar needs TECHNOLOGICAL NEEDS - ANSRefer to the introduction of new technology, for example, machinery / computers that lead to the redundancy of employees; STRUCTURAL NEEDS - ANSRelate to the redundancy of posts consequent to the restructuring of an employer's enterprise, which might be, for example, as a result of a merger. SIMILAR NEEDS - ANSconstitutes a broad category that has to be determined with reference to the specific circumstances of each case. - examples - incompatibility and breakdown in the trust relationship. NUMBER OF EMPLOYEES AFFECTED AND OPERATIONAL REASONS - ANS- big and small employers - large- and small-scale retrenchments BIG EMPLOYER - ANS- employs more that 50 employees SMALL EMPLOYER - ANS- employer that employs fewer than 50 employees LARGE-SCALE RETRENCHMENT - ANS1. employer employs more than 50 but not more than 200 employees and 10 employees are dismissed; or 2. the employer employs more than 200, but not more than 300 employees, and 20 employees are dismissed, or 3. the employer employs more than 300, but not more than 400 employees, and 30 employees are dismissed, or 4. the employer employs more than 400, but not more than 500 employees, and 40 employees are dismissed, or 5. the employer employs more than 500 employees, and 50 employees are dismissed.