LLA400 (STADIO) Assignment 1 (QUALITY ANSWERS) Semester 1 2024 - DUE 22 April 2024

This document contains workings, explanations and solutions to the LLA400 Assignment 1 (QUALITY ANSWERS) Semester 1 2024 - For assistance call or Whats-App us on 0.6.8...8.1.2...0.9.3.4........ Question 1 (17 marks) 1.1 Explain the differences between: 1.1.1 Substantive and procedural fairness. (4) 1.1.2 The Labour Relations Act and the Basic Conditions of Employment Act. (4) 1.1.3 The libertarian perspective and social justice perspective of Labour Law. (4) 1.2 Discuss the influence of the International Labour Organisation on South African Labour Law. (3) 1.3 Describe the differences between a protected and an unprotected strike with reference to relevant legislation. (2) Question 2 (33 marks) 2.1 Use the table below to indicate the National Minimum Wage per hour and the threshold amount in terms of the Basic Conditions of Employment Act from 2022 to 2024. Write a short sentence on the importance of these amounts. (8) BCEA Threshold Amount National Minimum Wage per hour 2022 2023 2024 Importance of amount 2.2 A is employed as a steelworker at Innovation Works Ltd (‘the employer’). A is a fixed-term contract employee. The contract runs for four years and the monthly remuneration is R6 000.00 per month. 2.2.1 Analyse whether A will be entitled to any payment upon termination of the contract. If so, explain with reasons what A will be entitled to. (5) 2.2.2 Assume that while A is on duty, she chats on her cell phone and gets distracted. As a result, she drops a heavy work tool on the foot of one of the independent building inspectors, K. Discuss whether the employer may be held liable for K’s medical expenses. (10) ©STADIO Assignment – 2024 Semester 1 LLA400 Advanced Labour Law Page 4 of 4 2.2.3 A would like to join a trade union, Better Works. The employer informs A that if she joins a trade union she will be dismissed. Comprehensively discuss what type of dismissal this will be and what A may be entitled to in case of such a dismissal. Include references to relevant legislation and case law in your discussion. (10) Question 3 (25 marks) A contentious topic in Labour Law is to what extent an employee can be disciplined with regard to the employee’s social media conduct. For example: posting photos on social media of using alcohol. Write an essay of a maximum of two (2) pages on balancing the right to privacy and the right to discipline an employee for misconduct. Your essay should include an introduction, a body and a conclusion. NB: Your essay must include at least two (2) external sources (either journal articles and/or case law). Use the STADIO Library, specifically Sabinet and myJuta, to obtain these sources.