Table of Contents

QUESTION 1.1........................................................................................................... 1

QUESTION 1.2........................................................................................................... 2

QUESTION 1.3........................................................................................................... 3

QUESTION 1.4........................................................................................................... 4

QUESTION 1.5........................................................................................................... 5

QUESTION 2.............................................................................................................. 6

QUESTION 3.............................................................................................................. 9

REFERENCE............................................................................................................12
QUESTION 1.1
A woman who is expecting can start taking maternity leave four weeks before her
due date (CCMA, 2021). Pregnant women are entitled to at least four months of
unpaid leave, which can begin at any time starting four weeks before the projected
due date or sooner if a doctor or midwife certifies that the leave is essential for the
mother's or child's health (CCMA, 2021). This is why Kramer, among others, asked
the employee to present her with a medical report stating precisely when her
maternity leave would start and when she would return from maternity leave after the
employee was admitted due to suspected pre-term labor (CCMA, 2021).

According to the BCEA, an employee must tell an employer in writing, unless the
employee is unable to do so, of the date the employee plans to begin maternity leave
and the date the employee expects to return to work after maternity leave. Notice
must be given at least four weeks before the employee expects to begin maternity
leave, or as soon as reasonably practical if this is not possible (Fourie, 2019).

The employee is entitled to at least 4 consecutive months which means it can be

more than four months, but this must be communicated to the organisation
accompanied by medical reports. Workers are not permitted to work for six weeks
following the birth of their child unless a doctor certifies that they are fit to do so. An
employee who has a miscarriage or bears a stillborn child during the third trimester
of pregnancy is entitled to six weeks of maternity leave following the occurrence.

QUESTION 1.2
The Unemployment Insurance Fund (the UIF) is established under the
Unemployment Insurance Act 63 of 2001 (the Act) (Fourie, 2019). The UIF provides
workers with short-term support when they become unemployed or are unable to
work due to pregnancy. It also helps the dependents of a deceased contributor.
Workers on maternity leave have the right to claim from the UIF and may apply for
maternity benefits at any time before or after childbirth, as long as the application is
made within twelve months of the child's birth (CCMA, 2021). When taking maternity
leave, the employee can apply for maternity benefits as a female contributor to the
Unemployment Insurance Fund (UIF). To be eligible for the benefits, they must be
earning less than their normal pay while on maternity leave. Workers must apply for
benefits in person at their nearest Department of Employment and Labour (DEL)
labor center or arrange for someone else to do it on their behalf. Workers can be
paid at their preferred labor center or have the funds put straight into their bank
accounts (Boswell & Boswell, 2019).

Benefits payable must be calculated by multiplying the monthly salary by 12 and

dividing by 365. If paid weekly, multiply the weekly salary by 52 and divide by 365.
2019; Boswell and Boswell). If the contributor's salary varies significantly from period
to period, the calculation must be based on the contributor's average remuneration
for the previous six months.

Maternity benefits will be provided at a rate of 66% of the beneficiary's earnings at

the time of application, subject to a maximum income level of ZAR 212 539 per year
(ZAR17 712 per month) (CCMA, 2021). Benefits can be paid for a maximum of 121
days, subject to credits. If a loss or stillbirth occurs, benefits can be provided for up
to six weeks after the miscarriage or stillbirth.

QUESTION 1.3
It is well knowledge that a pregnant employee is under no legal need to reveal her
pregnancy other than as required under the Basic Conditions of Work Act (i.e. for
maternity leave purposes). Employees are not required to divulge intimate personal
information about themselves unless the information directly affects the firm or its
well-being (Matotoka & Odeku, 2020). This relates to an individual’s constitutional
right to privacy. Taking action against the employee for non-disclosure would thus be
construed as being related directly to the employee’s pregnancy, as opposed to
reasons of misconduct, capacity or operational requirements. The goal of
safeguarding female employees from dismissal for reasons of pregnancy, expected
pregnancy, or pregnancy-related causes is to ensure that female employees are not
disadvantaged, as they have traditionally been, because they are women and child-
bearing members of the human race (Matotoka & Odeku, 2020).
The only defense a firm might raise in order to employ or maintain an employee in
her position after she is discovered to be pregnant is to demonstrate that the
employee's pregnancy is an inherent need of the work. This commitment applies to
both actual and planned pregnancies (Matotoka & Odeku, 2020). The employee, in
collaboration with her doctor, determines when it is necessary for her to begin
maternity leave, with her health and that of her child taking precedence. Although the
date of her absence may be subject to operational needs in some cases, this is not a
concern as long as she exercises her option and does not do so at the risk of her
health. The employer is not needed by law to consent to maternity leave; under the
BCEA, every female employee has a legislative entitled to four months unpaid leave.
Like yearly leave, maternity leave is a legal right, not a privilege.

In one case, a probationary employee was fired because she failed to reveal her
pregnancy during the interview stage and then aggravated matters by neglecting to
report it to the company during the probationary period (Behari, 2017). The
employee stated that she was hesitant to disclose her pregnancy in case her
application for employment was denied due to pregnancy, and that she was afraid to
disclose it during her probationary term in case she was fired due to pregnancy. It
turns out that her concerns were justified.

The employer claimed that the employee's inability to reveal her pregnancy caused a
breakdown in the trust relationship, and she was fired as a result (Behari, 2017). We
all know that the onus of proving a fair dismissal normally falls with the employer, but
in this case, it was found that if the employer is aware that the employee is pregnant
and the employee can show that the firing was possibly for that reason, then the
dismissal is automatically unfair. The employer adamantly maintained that the
discharge was solely due to a breakdown in the trust relationship, and that the
employee was not fired because of a pregnancy.

But, the Court disagreed, and it was determined that the underlying reason for the
applicant's dismissal in this case was due to the pregnancy, rather than the
breakdown of the trust relationship, and so the firing was deemed to be automatically
unfair.
QUESTION 1.4
I would encourage him to hire someone else till this employee returns from her
absence. I would recommend paying her a visit to express your appreciation as an
employer. This employee should not be fired because such dismissals can be highly
costly for the company, because normally, and especially in pregnancy-related
dismissals, a maximum of 24 months' salary is granted as compensation.
Companies should exercise extreme caution in dismissing pregnant employees,
because even if there are other reasons for the dismissal, the employer will need to
present a compelling case to demonstrate that the dismissal was not related to the
employee's pregnancy (Behari, 2017). During maternity leave, an employer may
commence disciplinary or layoff action against an employee. There is nothing in the
law that stops an employer from taking the necessary step if the employer has
legitimate reasons for doing so. Of course, the employee must be given the
opportunity to present her case (in writing, or perhaps even telephonically). The
employer should consider deferring further action until the employee returns, but if it
can establish that time is of the essence, it should be fine to proceed with any
processes. It will be up to Kramer and his colleagues to demonstrate that the
underlying cause is a genuine disciplinary, performance, or operational requirement,
rather than pregnancy.

QUESTION 1.5
Chapter 5 of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred
to as the Act) provides a clear picture of how notice must be given and what
amounts are due to employees (Behari, 2017). The first aspect that must be noted is
that Chapter 5 does not apply to any employee that works less than 24 hours in a
month for an employer.

Section 37 of the Act deals with notice of termination and requires that a party may
terminate a contract only on notice of not less than (Behari, 2017):

One (1) week if the employee has worked four (4) weeks or less.

Two (2) weeks if the employee has worked more than a month but less than a year.
Four (4) weeks if the employee has been employed for more than a year or is a farm
worker or domestic worker who has been employed for more than four weeks.

Collective agreements may provide for a shorter notice period; however, employees
are not compelled to provide the longer notice period outlined above (Behari, 2017).
An employee must submit written notice of termination of an employment contract
unless the employee is illiterate. Furthermore, when companies provide termination
notifications to employees, they must be explained in an official language that the
employee understands. Crucially, employers are not permitted to provide notice
during any leave period to which the employee is entitled, and further notice may not
run concurrently with any leave term to which the employee is entitled.

Employers should keep in mind that a contract expiring and being terminated are two
very distinct things (CCMA, 2021). A termination would not affect an employee's right
to report an unfair dismissal matter to the CCMA, but a contract expiring with no
reasonable expectation of renewal would not be considered a dispute over which the
CCMA would have jurisdiction. Companies may also choose to pay employees'
notice periods rather than have them work their notice periods. It should also be
highlighted that following termination, businesses must give employees any leave
pay or time off to which the employee would have been entitled (CCMA, 2021).

While the employment contract provides for termination, it must be acknowledged

that an employee's services may not be terminated unless a valid and reasonable
reason exists and a fair method is followed. If an employee is fired without a valid
reason or without a fair procedure, the employee may file a complaint with the CCMA
(CCMA, 2021).

If a worker is unable to return to work because of a disability, the employer must

research the nature of the disability and determine whether it is permanent or
temporary. The employer must endeavour to accommodate the employee as much
as feasible, such as by changing or adapting their duties to accommodate the
impairment. Nonetheless, if it is not practicable for the employer to adapt the
worker's duties and/or identify replacements, the employer may terminate the
worker's services.
QUESTION 2
Destructive conflict occurs when two or more people engage in activities and
behaviors that enhance animosity rather than resolving the issue (Elgoibar et al.,
2016). For example, when two coworkers start making verbal attacks and
threatening gestures during an argument, the issue has turned destructive.
Constructive conflict, on the other hand, occurs when people disagree without hatred
and with a commitment to resolving the problem effectively. For example, two family
members may discuss a point of contention until a mutually acceptable settlement is
reached (Elgoibar et al., 2016).

Disparaging remarks and personal attacks, as well as defensiveness and rigidity, are
characteristics of harmful confrontation. People that participate in destructive conflict
may show evidence of competition during the conflict or may strive to avoid the
conflict entirely (Elgoibar et al., 2016). Support and respect for others, as well as
openness and cooperation, are characteristics of constructive conflict. People who
participate in constructive conflict focus on the issues at hand and remain committed
to successfully resolving the conflict. Disparaging remarks and personal attacks, as
well as defensiveness and rigidity, are characteristics of harmful confrontation.
Support and respect for others, as well as openness and cooperation, are
characteristics of constructive conflict (Elgoibar et al., 2016).

A variety of circumstances can contribute to harmful conflict in personal and

professional relationships. Unresolved conflict can considerably increase the
likelihood of harmful conflict, and previous conflict experiences can also influence
how people respond to disagreements and debates. Constructive conflict is
frequently the result of strong and trusting interpersonal connections amongst
individuals involved (Kriesberg, 2015). Constructive conflict happens when people
"can differ and still respect one another" (Elgoibar et al., 2016).

A variety of circumstances can contribute to harmful conflict in personal and

professional relationships (Kriesberg, 2015). Unresolved conflict can considerably
increase the likelihood of harmful conflict, and previous conflict experiences can also
influence how people respond to disagreements and debates.

Destructive conflict frequently adds to a recurring cycle of rage, fear, and isolation
among individuals and groups. When destructive conflict happens, the persons
involved experience a variety of negative emotions, including rejection, bitterness,
and shame (Kriesberg, 2015). Constructive conflict, on the other hand, provides
numerous advantages, including emotions of safety and well-being. People adapt
better to conflict circumstances and make more effective judgments toward
settlement when there is constructive conflict.

Constructive conflict accepts opposing ideas and worldviews in order to advance the
firm closer to its goals and mission. This form of confrontation boosts rather than
hinders productivity. Conflict should be viewed positively when it leads to issue
clarification, individuals learning about one another, or people considering new
ideas.

Although conflict can arise from any speech or action, there are some prevalent
damaging conflict scenarios that result in constructive behavior in the workplace.
Small disagreements arise when one person habitually takes another person's lunch
or parking space. More serious situations could include harassment or discrimination
(Kriesberg, 2015). Positive conflict includes constructive conflict in teams, such as
brainstorming sessions where people argue. Another example would be to question
corporate protocol because someone finds a better way to accomplish things.

When destructive conflict is recognized or reported, it must be addressed

immediately. This prevents the situation from escalating, which would lower team
morale and productivity even further. Avoiding damaging disagreement also
eliminates the possibility of legal action. Constructive confrontation is encouraged to
assist team members see fresh perspectives, viewpoints, and methods of doing
things. If resolved, conflict is frequently an indicator of forthcoming personal or
professional improvement.
Even if a disagreement between two parties arises in a constructive conflict, it can be
handled in a positive way that benefits both sides (Deutsch, 2014). Constructive
confrontation leads to clarity and aids in the discharge of stress and emotion.

When opposing parties understand one other, they can use conflict to foster
cooperation and trust. Disagreement leads to poor outcomes in a harmful dispute,
causing sentiments of irritation and animosity. Destructive confrontation divides
groups and accentuates their differences. The various groups believe that their
method is the only way, which causes each group to generate hostile attitudes
toward the other group (Deutsch, 2014).

A constructive dispute produces beneficial results, whereas a destructive conflict

produces negative results. A productive disagreement strengthens the two parties'
relationship, whereas a destructive conflict hurts the two parties' relationship
(Deutsch, 2014). A constructive conflict results in a win-win situation in which both
parties profit, whereas a destructive conflict results in neither party benefiting. There
is honest communication in a constructive conflict but not in a destructive conflict. A
constructive disagreement increases performance, particularly in groups, but a
destructive conflict decreases performance (Deutsch, 2014). Both parties are
involved in addressing the issue in a constructive dispute, whereas both parties are
not active in resolving the issue in a destructive conflict.

A constructive conflict raises your awareness of relationship difficulties that need to

be addressed and drives you to discover solutions. It can thus build a relationship by
reducing tension between partners, but in destructive conflict, problems are
exaggerated and become harmful and dysfunctional (Deutsch, 2014).

Constructive disagreement generates change, especially when new methods of

doing things or behaving are required. Destructive conflict creates confusion and
endangers the organization.

When someone disagrees with a person's ideas, it increases their curiosity about
learning more about that issue and challenging that person, leading to more
interesting interpersonal relationships. When people disagree over decisions, it leads
to better decisions being made because they are forced to think about an issue more
carefully. It allows people to see issues and situations from new perspectives, which
boosts creativity (Mansvelt, 2008).
Communication suffers when people are destructive. Parties become competitive
with one another. Resources have been dedicated to the dispute resolution process.
On many levels, the situation is becoming increasingly misjudged.

QUESTION 3
Human Resource Management and Diversity Management

Planning, integrating, and taking action are all components of good human resource
management. Diversity may be included into the set of practices for human resource
management, ensuring that the strategies for human resources and the objectives
for diversity management are aligned. Because they can control the specifics of
practice implementation, human resources managers must take the lead in diversity
management practices. Shen et al. (2009) added that while variety may have
advantages for the economy, individuals, and society as a whole, managers should
constantly be ready to develop methods to boost diversity. It is clear that human
resource management may encourage effective diversity management practices in
businesses if diversity is a company goal and human resource managers support
such organizational goals.

Diversity management, according to Mathews (2012), should design human

resources policies for workers who are a part of marginalized groups. Also, the
socially appropriate administration of a workforce should contain guidelines for
rewarding employees based on fairness, respect, equality, and autonomy. Respect,
openness, honesty, privacy, and freedom should be the guiding characteristics of
this politics since they may all increase workplace safety.

Planning for human resources is in line with procedures for retaining and including
people who fit the diversity idea. An essential policy that is essential to fostering
employee engagement is a diversity and inclusion policy. The organization's
commitment to fostering an equal, diverse, and inclusive workplace should be
outlined in the policy. The procedure for filing complaints of workplace discrimination
should also be outlined in the policy, as well as how the business plans to monitor
and evaluate the implementation of the rule and best practices.
According to Nishii and Zbilgin (2017), recruiting and choosing are coordinated to
reserve openings and job opportunities for minorities. This policy need to specify the
measures the company is doing to guarantee an impartial hiring and selection
procedure. A successful strategy will be clear in its aims to foster a diverse and
inclusive workplace, open, consistent, and demonstrative of proactive support. The
application process, evaluation of where you promote the position with diverse
groups in mind, well defined and inclusive job descriptions, and how the organization
will make appropriate modifications in the interview process are all part of the
process itself.

Integrating Human resources are focused on developing integration and recognition

activities that will draw in collaborators (Nishii and Zbilgin, 2017). Participate in
activities that are sensitive to cultural differences or that directly combat injustice.
Include elements of several cultures in all human resources initiatives.

Function analysis and description can be coordinated with equitable and open pay
and employment regulations. Pay transparency is essential to fostering a feeling of
justice and fairness among employees, which makes an organization stand out from
the competition.

Digital, organized interviewing is an effective method for creating teams that are truly
diverse (Nishii and zbilgin, 2017). You may lessen the risks of hiring bias and
guarantee a fair, standardized interview process for everyone by asking the same
questions to all job candidates in the same way and in the same sequence. This
tactic enables you to objectively select candidates who are more representative of
the whole human race.

To empower employees to work differently, HR must go beyond training, reporting,

and analytics. In addition to using emerging tech to detect, prevent and eradicate
bias, rewarding new behavior is critical. This means updating enablement and MBOs
for both managers and lone contributors.

According to D'Netto et al. (2014), culture fit refers to how well a candidate can fit in
with the company. Poor culture fit can result in prejudice and a uniform culture. In
contrast, "culture add" is a mindset that actively accepts people from other cultures,
ethnicities, and demographics in order to promote an inclusive culture. Teams that
are more inventive and creative result from this.
Without being tokenistic, diversity and performance are both feasible. Strategic
purpose and activity are necessary for this (D'Netto et al., 2014). For example,
identify high-potential diverse candidates. Ensure there’s a commitment from
leadership to providing mentorship, coaching and development for those high-
potential performers who may be missing a couple of the requisite skills, or consider
moving those candidates to a stretch role.

Organizations that really employ a diverse workforce and have developed chances,
resources, and programs for mentoring and leadership development may avoid
tokenism with ease. By doing this, you may avoid depending on a small group of
varied talent to represent your organization.

Minorities cannot be "added and stirred" into diversity, fairness, and inclusion.
Review job descriptions to ensure that certain categories of individuals are not
disregarded. Make sure your recruitment strategies appeal to a wide range of
potential employees (D'Netto et al., 2014). Provide impartial evaluations of
applications whenever you can to eliminate prejudice. Accepting fresh viewpoints is
essential for the success of your business. Assist your present team in eliminating
prejudices.

Partner with your employee resource group or business resource group to identify C-
level executives who may serve as sponsors and have personal relationships. With a
strategy for a broad rollout, start small. Something must be top-down and bottom-up
in order to be successful.

Attempts to foster a more diverse, egalitarian, and inclusive culture will certainly fail if
your leadership team does not really believe in doing so. Spend time with your
leaders to ensure they are completely on board with and dedicated to the cultural
transformation in order to prevent empty "check the box" activities (D'Netto et al.,
2014).

Making sure your C-level executives are aware of the advantages of diversity can
help it turn into a core value rather than merely a fashion statement. How your
leaders regard diversity is crucial since culture is top-down. Even better, you may
also benefit from attempting to build a diverse team inside your leadership group.
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