MRL3702 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE :- 13 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

MRL3702 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE :- 13 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 S’boko and Gatedi have been working for Matswaiing-a-matsho (Pty) Ltd (MM) on six months contracts which were renewed twice for further six months. They are earning R10 000.00 a month each. They are now left with a month to complete tenures of their contracts with MM. S’boko is worried that in the next two months they will be without jobs, but Gatedi does not seem to be worried. Instead, Gatedi tells S’boko that she must stop being worried because they became permanent employees of MM by operation of law. ANSWER THE FOLLOWING QUESTION WITH RELEVANT AUTHORITY: Discuss the correctness of Gatedi’s view of their position with MM. Include in your discussion the possible defences which MM may raise to rebut Gatedi’s view. (25) [25] QUESTION 2 Lefarahatlha Clothing (Pty) Ltd (LC) plants, harvests and sells cotton in the North - West Province of South Africa. It employs two hundred employees. LC pays its employees well; however, it included in their contracts of employment a standard clause which prohibits employees from forming, joining, and participating in trade union programmes and activities. Furthermore, their contracts state that employees who breach this clause will be dismissed from LC. ANSWER THE FOLLOWING QUESTIONS WITH RELEVANT AUTHORITY: (i) Discuss the lawfulness or fairness of this clause with reference to the international law, the Constitution and the LRA. (15) (ii) Discuss valid requirements for the conclusion of contract of employment. (10) [25] QUESTION 3 3.1 The right to privacy, dignity, and security of person are basic human rights and are protected in terms of the Constitution. Majadinoga, a local clinic in South Africa intends to conduct HIV tests for its nurses as it believes that their daily work involves physical contact with patients and therefore, a possible threat to patients with open wounds. Rradipudi, a nurse at Majadinoga refuses to line up herself for a test on the basis of the constitutional rights indicated above. ANSWER THE FOLLOWING QUESTION WITH RELEVANT AUTHORITY: (i) List at least six factors which according to the Labour Court should be considered when an employer is contemplating on conducting the HIV test at the workplace. (12) 7 MRL3702 May/June 2024 3.2 Sbu and Maria work for 3-Job (Pty) Ltd (3-Job). One day Sbu stomped into the manager’s office, Nikita Krushev very angry to report Maria for the sexual harassment which she allegedly committed in the office. Maria flatly denied ever harassing Sbu sexually. Unfortunately, 3-Job had two versions: f Sbu’s allegation and Maria’s denial. A year later, 3-Job had still not acted on the allegation and Sbu wants to hold the employer liable for not acting and therefore, failing both the common law and statutory duty to ensure safety of the employees in the workplace. Discuss the requirements approved by the Labour Appeal Court which must be met by Sbu to hold the employer liable in terms of section 60 of the EEA. (8) 3.3 List five examples of employers regarded as ‘designated employers’ for affirmative action purposes. (5) [25] QUESTION 4 Transport Workers Union (TWU) and Metrorail (Pty) Ltd entered into a collective agreement which entails the following: 10% salary increase, a 5% house and vehicle allowance. Further, the parties agreed that this dispensation was effective for three years and applied across the board. Two months later, a group of the highest paid employees in Metrorail lodged a complaint that, the increase should not apply across the board because, for them the benefits were all taken away by the South African Revenue Services (SARS). The 10% salary increase, the group explained further, put them in a bit higher tax bracket, and increased their liability towards SARS which effectively takes away all the benefits. They argued that although the employer gave them an increase, SARS took it away from them. They, therefore, demanded a 15% increase to remedy the unfair situation. ANSWER THE FOLLOWING QUESTIONS WITH RELEVANT AUTHORITY: (i) Discuss the effect of the collective agreement and whether it can be changed as per the group’s demand. (15) (ii) Assume that Moshishi and Mvala are not members of TWU. Can the above- mentioned collective agreement apply to them as well? (10) [25] TOTAL: [100]