The Department of Correctional Services has a dress code for all its employees and expects strict adherence to the policy. In terms of the code all employees are expected to cut their hair in the typical “short, back and sides” military style, while female employees may have any hairstyle if they tilt their hair up to always look neat and tidy. Four of the male employees wore dreadlocks and when they were instructed to cut their hair they refused. Three of these employees claimed that they wore the dreadlocks to honor their Rastafarian religion, and the other two canvases that they were doing so for cultural beliefs. After refusing to cut off their hair they were suspended and eventually dismissed for failure to comply with the departments’ dress code and for failure to obey the instructions.
a. What is the meaning of dismissal in terms of the Labour Relations Act 66 of 1995? Refer to decided cases [20]
b. Is dismissal of the employee’s fair or unfair dismissal? Explain and refer to decided cases to substantiate your argument. [20]
c. Assume that the dismissals were unfair. Would you order reinstatement, or would an award of compensation be a more appropriate remedy? Motivate your answer. [10]

Answers to Above Questions on  Labour Law

Answer 1: The concept of dismissal is defined in labour relationships of 1995 which indicates that it is the termination of an employment relationship that is initiated by the employer. The employer can terminate the relationship with or without notice.


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