ExpertACCA · Question 51 · Syllabus C: Employment law
Scenario: GreenAcres Farms engages tractor drivers. Silas works exclusively for GreenAcres, uses their tractor, and is paid a fixed weekly wage, but his contract says 'Independent Contractor'. GreenAcres recently told Silas he must work 20 extra hours a week without pay, prompting Silas to resign immediately. GreenAcres also dismissed another worker, Maya, because she joined a trade union.
What is the legal position regarding Maya's dismissal?
Scenario: GreenAcres Farms engages tractor drivers. Silas works exclusively for GreenAcres, uses their tractor, and is paid a fixed weekly wage, but his contract says 'Independent Contractor'. GreenAcres recently told Silas he must work 20 extra hours a week without pay, prompting Silas to resign immediately. GreenAcres also dismissed another worker, Maya, because she joined a trade union.
What is the legal position regarding Maya's dismissal?
Answer options:
It is fair if she had less than 2 years of continuous service.
It is automatically unfair, and the 2-year qualifying period does not apply for trade union-related dismissals.
It is wrongful dismissal but not unfair dismissal.
It is fair because trade union membership is a valid ground for capability dismissal.
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