WREL01-6 - Smiley Becomes Serious - Alcohol use at Company X - Workplace Relations Assessment Answer

Assessment Task:

Workplace Relations Assessment Answer

Question 1

Refer to the scenario below and complete the table that follows:

Using emojis: when the smiley becomes serious The use of emoticons or emojis has become entrenched in how we as a society communicate today. It has also found its way into business and official communications. But few people appreciate the fact that such use may have legal consequences, and could result in the sender entering into binding legal agreements or potentially being held liable for the infringement of human rights. How do we interpret a particular emoji when we receive it, or choose one when wanting to send a message? One could find several different websites providing
‘meanings’ to the various available emojis. Furthermore, for emojis to function across different devices, they need to exist in Unicode, which includes definitions of what each character/image/symbol means. But none of these platforms is an official dictionary, and such definitions have little to say about the use of symbols in different cultures, relationships and so on. New emojis are also created and added at a rapid pace. This means that there always exists a margin for ambiguity.

Using emojis: when the smiley becomes serious The use of emoticons or emojis has become entrenched in how we as a society communicate today. It has also found its way into business and official communications. But few people appreciate the fact that such use may have legal consequences, and could result in the sender entering into binding legal agreements or potentially being held liable for the infringement of human rights. How do we interpret a particular emoji when we receive it, or choose one when wanting to send a message? One could find several different websites providing ‘meanings’ to the various available emojis. Furthermore, for emojis to function across different devices, they need to exist in Unicode, which includes definitions of what each character/image/symbol means. But none of these platforms is an official dictionary, and such definitions have little to say about the use of symbols in different cultures, relationships and so on. New emojis are also created and added at a rapid pace. This means that there always exists a margin for ambiguity.

Identify five (5) examples of the use of emoticons from the case study above. Then, identify five (5) legal reasons why, from an ‘employment relations’
perspective, people should use emoticons with caution. Lastly, recommend five (5) workplace practices that need to change in respect of using emoticons.

Question 2

Read the following scenario and answer the questions that follow:

Transportation of night workers: is it the employer’s obligation?

Section 17(1) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) (BCEA) defines “night work” as work performed after 18h00 and before 06h00 the next day. Section 17(2)(b) of the BCEA states that employees who earn below the BCEA threshold (currently R205 433.30 per annum) may only be required to perform night work if transportation is available between the employee’s place of residence, and the workplace at the commencement and conclusion of the employee’s shift. What is apparent from the section above is that transportation need only be available to the employees performing night work. What is not clear is whether the mere availability of transportation between the workplace and the
employee’s place of residence is sufficient.

In TFD Network Africa (Pty) Ltd v Singh NO and Others (C 571/11) [2015] ZALCCT 40, the court confirmed that this question remains unanswered. The court was therefore required to consider the purpose of the legislation and the problems that the legislature sought to combat.

The respondent (Mr. Maas) was employed by TFD Network Africa (TFD) as a truck driver and, in terms of his contract of employment, agreed to work overtime when necessary. Mr. Maas was required to work overtime on 6 and 7 December from 17h00 to 19h00. On both days, he worked until 18h00 and refused to work until 19h00, as his bus home left shortly after 18h00. He stated that if he took the last bus at 19h00, it would drop him off at Mitchell's Plain Town Centre and he would then have to walk a considerable distance, through a dangerous area, to his place of residence. As a result of his refusal to work until 19h00, Mr. Maas was called to a disciplinary hearing, to face allegations of gross insubordination and breach of contract. He had a final written warning for similar misconduct and was, accordingly, dismissed.

Mr Maas referred an unfair dismissal dispute to the Bargaining Council for the Road Freight and Logistics Industry. The arbitrator found that Mr Maas’ dismissal was unfair in terms of Section 17(2)(b) of the BCEA and ordered his reinstatement.

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