MRL3702 - EXAM OCTOBER / NOVEMBER 2024 STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 - EXAM OCTOBER / NOVEMBER 2024 STUDY GUIDE WITH COMPLETE SOLUTIONS WHAT DOES THE ACRONYM / ABBREVIATION TES STAND FOR - Answer️️ - Temporary Employment Services WHICH TERMS OF EMPLOYMENT ARE REGARDED AS CORE TERMS IN TERMS OF THE BCEA AND CANNOT BE VARIED - Answer️️ -maximum working hours provisions relating to night work not less than 2 weeks annual leave 4 months maternity leave provision relating to sick leave DEFINE "FOREIGN NATIONAL" IN TERMS OF THE EMPLOYMENT SERVICES ACT 4 OF 2014 - Answer️️ -The ESA defines a 'foreign national' as follows: 'an individual who is not a South African citizen or does not have a permanent residence permit issued in terms of the Immigration Act.' WHO IS "TEMPORARY EMPLOYEE"? - Answer️️ -This refers to employees supplied to a client by a TES/labour broker. Such a relationship is characterised by its triangular form. NAME AND EXPLAIN THE TREE FORMS OF SEXUAL HARASSMENT - Answer️️ - Victimization ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 An employee is victimised or intimidated for failing to submit to sexual advances Quid pro quo harassment Employment circumstances, for example, promotion or an increase, are influenced by the employer, manager or a co-employee to coerce an employee to surrender to sexual advances Sexual favouritism A person in a position of authority in the workplace rewards only those who respond to her/his sexual advances. MENTION NINE TYPES OF DISMISSAL WHICH QUALIFY AS AUTOMATICALLY UNFAIR DISMISSALS IN TERMS OF THE LRA - Answer️️ -'A dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 [section 5 confers protections relating to the right to freedom of association and on members of workplace forums] or, if the reason for the dismissal is: (a) that the employee participated in or supported, or indicated an intention to participate in or support, a [protected] strike or protest action; (b) that the employee refused, or indicated an intention to refuse, to do any work normally done by an employee who at the time was taking part in a [protected] strike or ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 was locked out, unless that work is necessary to prevent an actual danger to life, personal safety or health; (c) a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer; (d) that the employee took action, or indicated an intention to take action against the employer by: (i) exercising any right conferred by this Act; or (ii) participating in any proceedings in terms of this Act; (e) the employee's pregnancy, intended pregnancy, or any reason related to her pregnancy; (f) that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground, including, but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility; (g) a transfer, or a reason related to a transfer, contemplated in section 197 or 197A; or (h) a contravention of the Protected Disclosures Act, 2000, by the employer, on account of an employee having made a protected disclosure defined in that Act.' DRAW A DISTINCTION BETWEEN "DIRECT DISCRIMINATION" AND "INDIRECT DISCRIMINATION" - Answer️️ -Direct discrimination is usually easy to detect and determine. It occurs if someone is clearly treated differently because of a certain characteristic, for ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 example race or gender. An example of direct discrimination is an employee being paid less simply because she/he is disabled, of a different religion than the employer, or divorced. Indirect discrimination is found when criteria that appear to be neutral, negatively affect a certain group disproportionately, for example, gay or Hindu people or women. Such discrimination, in contrast with direct discrimination, is often disguised and hard to detect. DO YOU NEED TO DISCLOSE HIV STATUS - POSSIBLE LEGAL REMEDIES AVAILABLE IN TERMS OF THE CONSTITUTION, THE LRA AND EEA - Answer️️ - No, Right to privacy therefore not obliged to disclose HIV status, DISCUSS THE EMPLOYEE'S DUTY TO SERVE THE EMPLOYER'S INTERESTS AND ACT IN GOOD FAITH - Answer️️ -Each employee owes her/his employer a d