MRL3702 LABOUR LAW ASSIGNMENT 1 PRACTICE
EXAM 2026-2027 100 MOST TESTED QUESTIONS AND
CORRECT VERIFIED ANSWERS WITH DETAILED
RATIONALES PLUS ANSWER KEY GRADED A+ MOST
RECENT!!!
Question 1
Which one of the following statements regarding the formation of a valid contract
of employment is CORRECT?
A. If a contract of employment meets all the requirements for a valid contract, it
comes into existence upon its conclusion
B. A contract of employment must be in writing in order to be valid
C. Where parties agree that the existence of a contract depends on a resolutive
condition, the contract comes into existence when the condition is fulfilled
D. Where parties agree that the existence of a contract depends on a suspensive
condition, the contract comes into existence immediately but will automatically
terminate if the condition is not fulfilled
Answer: A
If a contract of employment meets all the requirements for a valid contract
(consensus, capacity, legality, possibility, and formalities where required), it comes
into existence immediately upon its conclusion. There are no formalities for the
formation of a valid contract of employment; it does not have to be in writing. A
resolutive condition means the contract comes into existence immediately but
terminates if the condition occurs. A suspensive condition means the contract only
comes into existence when the condition is fulfilled.
,Question 2
Which one of the following statements regarding the Basic Conditions of
Employment Act (BCEA) is INCORRECT?
A. The BCEA establishes and enforces basic, minimum conditions of employment
B. The BCEA regulates the variation of minimum conditions within a framework of
"regulated flexibility"
C. The BCEA ensures decent work for all workers including children
D. The BCEA is applicable to all employees
Answer: D
The BCEA is not applicable to all employees. Certain employees are excluded, for
example, members of the National Defence Force, members of the State Security
Agency, unpaid volunteers working for charities, and independent contractors. The
other statements are correct: the BCEA establishes minimum conditions, regulates
variation through "regulated flexibility," and embraces the ILO concept of decent
work.
Question 3
Which one of the following statements regarding affirmative action is INCORRECT?
A. Affirmative action measures create a right to be appointed or promoted to a
post
B. Affirmative action measures must promote the achievement of equality
C. Affirmative action measures must enhance diversity in the workplace
D. Affirmative action measures must include skills development strategies
Answer: A
Affirmative action measures do not create a right to be appointed or promoted to
a post. They can only be used as a defence against a claim of unfair discrimination.
Affirmative action must promote equality, enhance diversity, and include skills
development strategies.
Question 4
In Clicks Retailers v Commissioner Mbileni and Others, the Labour Court found
that:
A. The commissioner's award was unreasonable and set aside
B. The commissioner's award was reasonable and supported by the evidence
,C. The employees were not entitled to reinstatement
D. The employer had correctly applied Standard Operating Procedures
Answer: B
In Clicks Retailers v Commissioner Mbileni, the Labour Court found that the
arbitration award issued by Commissioner Mbileni was solid and could not be
successfully challenged. It was considered to be reasonable and supported by the
evidence and information presented. The court stressed that a reviewing court
should not be swayed by a convincing argument that the result could be different,
but should focus on reasonableness.
Question 5
An employee is absent for 3 consecutive days and submits a note from a
traditional healer. The employer refuses payment. Is this lawful?
A. No, cultural rights override labour law
B. Yes, because the certificate is not compliant with Section 23 of the BCEA
C. No, all certificates must be accepted
D. Yes, but only if approved by HR
Answer: B
Section 23 of the BCEA requires certification by a registered medical practitioner;
traditional healer notes generally do not meet this requirement. The employer is
entitled to refuse payment if the certificate does not comply with the statutory
requirements.
Question 6
An employee refuses to follow a lawful safety instruction citing personal belief.
The employer disciplines them. Is this fair?
A. Yes, refusal is misconduct
B. No, beliefs always prevail
C. No, discipline requires court approval
D. Yes, but only after dismissal
Answer: A
Personal beliefs do not justify refusal of lawful and reasonable instructions.
Refusal to follow a lawful and reasonable instruction constitutes misconduct, and
, the employer may discipline the employee. However, the employer must still follow
fair procedure.
Question 7
Poor performance due to illness falls under which category of dismissal?
A. Misconduct
B. Operational requirements
C. Incapacity
D. Retrenchment
Answer: C
Illness-based inability to perform duties is incapacity, not misconduct. Employers
must investigate the nature and extent of the incapacity, consider alternatives,
and follow proper procedure before dismissing for incapacity.
Question 8
An employer dismisses an employee without holding a disciplinary hearing. What
is the likely outcome?
A. Always fair
B. Automatically valid
C. Procedurally unfair
D. Depends on salary
Answer: C
Procedural fairness requires that an employee be given an opportunity to be heard
before dismissal. Dismissing without a hearing renders the dismissal procedurally
unfair, regardless of whether the substantive reason for dismissal was valid.
Question 9
Which of the following is an automatic unfair dismissal ground under the Labour
Relations Act?
A. Poor work performance
B. Operational requirements
C. Participation in a protected strike
D. Incapacity due to illness
Answer: C
EXAM 2026-2027 100 MOST TESTED QUESTIONS AND
CORRECT VERIFIED ANSWERS WITH DETAILED
RATIONALES PLUS ANSWER KEY GRADED A+ MOST
RECENT!!!
Question 1
Which one of the following statements regarding the formation of a valid contract
of employment is CORRECT?
A. If a contract of employment meets all the requirements for a valid contract, it
comes into existence upon its conclusion
B. A contract of employment must be in writing in order to be valid
C. Where parties agree that the existence of a contract depends on a resolutive
condition, the contract comes into existence when the condition is fulfilled
D. Where parties agree that the existence of a contract depends on a suspensive
condition, the contract comes into existence immediately but will automatically
terminate if the condition is not fulfilled
Answer: A
If a contract of employment meets all the requirements for a valid contract
(consensus, capacity, legality, possibility, and formalities where required), it comes
into existence immediately upon its conclusion. There are no formalities for the
formation of a valid contract of employment; it does not have to be in writing. A
resolutive condition means the contract comes into existence immediately but
terminates if the condition occurs. A suspensive condition means the contract only
comes into existence when the condition is fulfilled.
,Question 2
Which one of the following statements regarding the Basic Conditions of
Employment Act (BCEA) is INCORRECT?
A. The BCEA establishes and enforces basic, minimum conditions of employment
B. The BCEA regulates the variation of minimum conditions within a framework of
"regulated flexibility"
C. The BCEA ensures decent work for all workers including children
D. The BCEA is applicable to all employees
Answer: D
The BCEA is not applicable to all employees. Certain employees are excluded, for
example, members of the National Defence Force, members of the State Security
Agency, unpaid volunteers working for charities, and independent contractors. The
other statements are correct: the BCEA establishes minimum conditions, regulates
variation through "regulated flexibility," and embraces the ILO concept of decent
work.
Question 3
Which one of the following statements regarding affirmative action is INCORRECT?
A. Affirmative action measures create a right to be appointed or promoted to a
post
B. Affirmative action measures must promote the achievement of equality
C. Affirmative action measures must enhance diversity in the workplace
D. Affirmative action measures must include skills development strategies
Answer: A
Affirmative action measures do not create a right to be appointed or promoted to
a post. They can only be used as a defence against a claim of unfair discrimination.
Affirmative action must promote equality, enhance diversity, and include skills
development strategies.
Question 4
In Clicks Retailers v Commissioner Mbileni and Others, the Labour Court found
that:
A. The commissioner's award was unreasonable and set aside
B. The commissioner's award was reasonable and supported by the evidence
,C. The employees were not entitled to reinstatement
D. The employer had correctly applied Standard Operating Procedures
Answer: B
In Clicks Retailers v Commissioner Mbileni, the Labour Court found that the
arbitration award issued by Commissioner Mbileni was solid and could not be
successfully challenged. It was considered to be reasonable and supported by the
evidence and information presented. The court stressed that a reviewing court
should not be swayed by a convincing argument that the result could be different,
but should focus on reasonableness.
Question 5
An employee is absent for 3 consecutive days and submits a note from a
traditional healer. The employer refuses payment. Is this lawful?
A. No, cultural rights override labour law
B. Yes, because the certificate is not compliant with Section 23 of the BCEA
C. No, all certificates must be accepted
D. Yes, but only if approved by HR
Answer: B
Section 23 of the BCEA requires certification by a registered medical practitioner;
traditional healer notes generally do not meet this requirement. The employer is
entitled to refuse payment if the certificate does not comply with the statutory
requirements.
Question 6
An employee refuses to follow a lawful safety instruction citing personal belief.
The employer disciplines them. Is this fair?
A. Yes, refusal is misconduct
B. No, beliefs always prevail
C. No, discipline requires court approval
D. Yes, but only after dismissal
Answer: A
Personal beliefs do not justify refusal of lawful and reasonable instructions.
Refusal to follow a lawful and reasonable instruction constitutes misconduct, and
, the employer may discipline the employee. However, the employer must still follow
fair procedure.
Question 7
Poor performance due to illness falls under which category of dismissal?
A. Misconduct
B. Operational requirements
C. Incapacity
D. Retrenchment
Answer: C
Illness-based inability to perform duties is incapacity, not misconduct. Employers
must investigate the nature and extent of the incapacity, consider alternatives,
and follow proper procedure before dismissing for incapacity.
Question 8
An employer dismisses an employee without holding a disciplinary hearing. What
is the likely outcome?
A. Always fair
B. Automatically valid
C. Procedurally unfair
D. Depends on salary
Answer: C
Procedural fairness requires that an employee be given an opportunity to be heard
before dismissal. Dismissing without a hearing renders the dismissal procedurally
unfair, regardless of whether the substantive reason for dismissal was valid.
Question 9
Which of the following is an automatic unfair dismissal ground under the Labour
Relations Act?
A. Poor work performance
B. Operational requirements
C. Participation in a protected strike
D. Incapacity due to illness
Answer: C
