Answer to Question #175566 in Law for Nokuphiwa

Question #175566

Gregory, Annie and Sibo worked as lecturers at the University of Clever People (the employer). 

The employer found that all three employees were selling examination question papers to 

students prior to the examination period. All three employees were subsequently fairly dismissed 

for misconduct during the first semester of 2019. At the start of the second semester of 2019, the 

employer asked Annie to come back and work for the University again. The employer did not ask 

Gregory and Sibo to come back, because their colleagues did not like them.

Discuss, in your view, whether Gregory and Sibo will be able to succeed with a claim for unfair 

dismissal against the employer.

Expert's answer

Employees have certain set authorized right, regarding how their employment may be terminated by the employer. Therefore, an employee can claim a redress either by compensation or some other way if they are fired by their employer and they did not have a valid justification for it. There are three types of dismissal which include, unfair, constructive, and wrongful. In unfair dismissal, if you meet the eligibility requirements, you have the right not to be dismissed unfairly. The steps considered are the reason behind the dismissal, whether the reason is automatically unfair, whether there is a potential fair reason, and whether the reason is actually fair in the circumstances. In this case, I think Gregory and Sibo can succeed in this claim because they can argue that, they were not given a warning so that makes it unfair. Also, there is discrimination because the employer asked Annie to back to work but left out Gregory and Sibo because the colleagues simply do not like them.

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