MRL3702 - EXAM MAY / JUNE 2025 STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 - EXAM MAY / JUNE 2025 STUDY GUIDE WITH COMPLETE SOLUTIONS DISTINGUISH BETWEEN AN EMPLOYEE AND AN INDEPENDENT CONTRACTOR - Answer️️ -Employee Object of the contract is to render personal services. Employee must perform services personally. Employer may choose when to make use of the services of the employee. Contract terminates on death of the employee. Contract also terminates on expiry of the period of service in the contract. Independent contractor Object of the contract is to perform a specified work or produce a specified result. Independent contractor may usually perform through others. Independent contractor must perform work (or produce result) within the period fixed by the contract. Contract does not necessarily terminate on death of an independent contractor. Contract terminates on completion of work or ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 production of specified result. DISCUSS THE REQUIREMENTS PRESCRIBED BY THE LAW FOR THE CONCLUSION OF A VALID CONTRACT, INCLUDING A CONTRACT OF EMPLOYMENT - Answer️️ -A contract of employment must meet all the Requirements that the law prescribes for the conclusion of a valid contract (not forgetting that the common law recognises freedom of contract). These requirements are: There must be agreement between the parties;The parties further need to agree about the work the employee has to do and the remuneration she/he will receive from the employer for that work. The parties to the contract must have capacity to act The agreement must be legally possible Performance under the agreement must be physically possible If any formalities are prescribed for the formation of that particular type of contract or if the parties themselves have agreed about certain formalities, then those formalities must be satisfied A contract of employment will, therefore, be valid if concluded in writing or orally, and its terms may be either express, tacit or implied. WHAT ARE THE FOUR CIRCUMSTANCES UNDER WHICH EMPLOYEES OF THE LABOUR BROKER MAY HOLD BOTH THE LABOUR BROKER AND THE CLIENT JOINTLY AND SEVERALLY LIABLE IN TERMS OF THE LRA - Answer️️ -Under the ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 present LRA, an employee provided by a labour broker may hold the employer (in other words, the labour broker) and client jointly and severally liable if the TES contravenes: • a collective agreement concluded in a bargaining council that regulates terms and conditions of employment, • a binding arbitration award that regulates terms and conditions of employment, • the BCEA, or • a determination made in terms of the BCEA. WHEN CAN AN EMPLOYEE TAKE FAMILY RESPONSIBILITY IN TERMS OF THE BCEA - Answer️️ -An employee is entitled to three days' family responsibility leave for every 12 months worked (section 17). Family responsibility leave may be taken when an employee's: • child is born or is sick, or • in the event of the death (but not illness) of the employee's spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. WHO ARE DESIGNATED EMPLOYERS IN TERMS OF THE EEA - Answer️️ -• Larger enterprises with 50 or more employees • Employers who employ fewer than 50 employees, but have an annual turnover specified in Schedule 4 of the EEA • Municipalities • Organs of state such as the Airports ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 Company of South Africa (ACSA), the Central Energy Fund, the Development Bank of South Africa, Eskom, the SABC, the SA Post Office Limited and Telkom SA Limited (excluding the National Defence Force, the National Intelligence Agency and the Secret Service) • Employers that are designated as such in terms of a collective agreement • The National Defence Force and the State Security Agency are explicitly excluded from the definition of designated employers DISCUSS "THE UNFAIR CONDUCT OF THE EMPLOYER RELATING TO PROMOTION" AS ONE OF THE FORMS OF UNFAIR LABOUR PRACTICE THE EMPLOYER MAY COMMIT - Answer️️ -Promotion normally falls within the managerial prerogative. The employer will promote the most suitable candidate after a fair process has been followed. An employee does not have any legal entitlement to be promoted to a higher post. However, an employee may have a reasonable expectation of being promoted. Employers could, for example, create such an expectation through an assurance that the employee will be promoted or through past practices where people in similar conditions were promoted. This would then lead to the employee feeling that the non-promotion was unfair. UNDER WHICH CIRCUMSTANCES MAY THE REMEDY OF REINSTATEMENT NOT BE AWARDED TO AN EMPLOYEE WHO WAS UNFAIRLY DISMISSED - Answer️️ - The primary remedy for unfair dismissal is reinstatement, which must be order