,LLW2601 Assignment 2 Semester 1 2025 - DUE 25
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW:
1.1 Mr Lampert: “Counsel, can you please explain to me what
the employment law consequence of Ms Goolam’s use of GenAI
to draft the report is? (4) 2. HCTE Chairman: “Counsel, I can see
that in one of the annexures to the IR, Ms Goolam suggests her
resort to GenAI was because of the allegedly unreasonable
working hours which she claims violate the law. Kindly tell me
what law and legal provision(s) regulate working hours and
explain if Ms Goolam’s claim is correct in terms of that law?” (4)
3. HCTE Deputy Chairwoman: “I am concerned, Counsel, that
Ms Goolam claims to have experienced depression and bullying
but the MTE did not address the issue. What does the law say
about this issue, and can the MTE be found liable for this
alleged failure?” (12)
1.1 Mr Lampert: Employment law consequence of Ms
Goolam’s use of GenAI to draft the report
(4 marks)
Ms Goolam’s use of Generative AI (GenAI) to draft the report
may have employment law implications depending on the
company’s policies and the circumstances:
, Misconduct: If the employer has a policy prohibiting the
use of AI tools without disclosure or authorization, her
conduct may constitute misconduct or dishonesty.
Negligence: If the GenAI-generated report contained
inaccuracies or confidential information was disclosed, she
may be found negligent in performing her duties.
Breach of trust: Her unilateral use of GenAI may
undermine trust and confidence in the employment
relationship, especially if it affected the quality or security
of the report.
Mitigating factors: However, if the employer had no clear
policy or she acted under duress (e.g., excessive workload),
disciplinary action may be mitigated.
2. HCTE Chairman: Legal provision regulating working hours
and validity of Ms Goolam’s claim
(4 marks)
Ms Goolam refers to allegedly unreasonable working hours. In
South Africa, working hours are regulated by the Basic
Conditions of Employment Act 75 of 1997 (BCEA):
Section 9(1) of the BCEA: Limits ordinary working hours to
45 hours per week (i.e., 9 hours per day for a five-day work
week, or 8 hours per day if working more than five days).
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW:
1.1 Mr Lampert: “Counsel, can you please explain to me what
the employment law consequence of Ms Goolam’s use of GenAI
to draft the report is? (4) 2. HCTE Chairman: “Counsel, I can see
that in one of the annexures to the IR, Ms Goolam suggests her
resort to GenAI was because of the allegedly unreasonable
working hours which she claims violate the law. Kindly tell me
what law and legal provision(s) regulate working hours and
explain if Ms Goolam’s claim is correct in terms of that law?” (4)
3. HCTE Deputy Chairwoman: “I am concerned, Counsel, that
Ms Goolam claims to have experienced depression and bullying
but the MTE did not address the issue. What does the law say
about this issue, and can the MTE be found liable for this
alleged failure?” (12)
1.1 Mr Lampert: Employment law consequence of Ms
Goolam’s use of GenAI to draft the report
(4 marks)
Ms Goolam’s use of Generative AI (GenAI) to draft the report
may have employment law implications depending on the
company’s policies and the circumstances:
, Misconduct: If the employer has a policy prohibiting the
use of AI tools without disclosure or authorization, her
conduct may constitute misconduct or dishonesty.
Negligence: If the GenAI-generated report contained
inaccuracies or confidential information was disclosed, she
may be found negligent in performing her duties.
Breach of trust: Her unilateral use of GenAI may
undermine trust and confidence in the employment
relationship, especially if it affected the quality or security
of the report.
Mitigating factors: However, if the employer had no clear
policy or she acted under duress (e.g., excessive workload),
disciplinary action may be mitigated.
2. HCTE Chairman: Legal provision regulating working hours
and validity of Ms Goolam’s claim
(4 marks)
Ms Goolam refers to allegedly unreasonable working hours. In
South Africa, working hours are regulated by the Basic
Conditions of Employment Act 75 of 1997 (BCEA):
Section 9(1) of the BCEA: Limits ordinary working hours to
45 hours per week (i.e., 9 hours per day for a five-day work
week, or 8 hours per day if working more than five days).
