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

MRL3702 - EXAM MAY / JUNE 2025 STUDY GUIDE WITH COMPLETE SOLUTIONS LIST THE FOUR COMMON LAW DUTIES OF THE EMPLOYER AND THE FOUR COMMON LAW DUTIES OF THE EMPLOYEE - Answer️️ -Employer : 1. To remunerate the employee 2. To provide the employee with work 3. To provide safe working conditions 4. To deal fairly with the employee Employee: 1. To render services to the employer 2. To work competently and diligently 3. To obey lawful and reasonable instructions 4. To serve the employer's interests and act in good faith (also called a 'fiduciary duty') LIST SIX ACTIONS THAT ARE DEFINED AS "DISMISSAL" IN SECTION 186 (1)(a) to (f) - Answer️️ -(a) an employer has terminated a contract of employment with or without notice; ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 (b) an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; (c) an employer refused to allow an employee to resume work after she- (i) took maternity leave in terms of any law, collective agreement or her contract of employment; or (ii) was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child; (d) an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; or (e ) an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee. (f) an employee terminated a contract of employment with or without notice because the new employer, after a transfer in terms of section 197 or section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer. LIST FIVE OF THESE JUSTIFIABLE CIRCUMSTANCES FOR MEDICAL TESTING OF EMPLOYEES - Answer️️ -legislation permits or requires the testing, or it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits, or the inherent requirements of a job. EXPLAIN WHAT JOINTLY AND SEVERALLY LIABLE MEANS - Answer️️ -Joint and several liability means that the employee can satisfy her/his claim by taking action against the employer and the client but the employee must ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 start with the employer. If she/he does not perform, the employee can take action against the client. DISTINGUISH BETWEEN THE FOLLOWING FORMS OF SEXUAL HARASSMENT: "VICTIMIZATION", "QUID PRO QUO HARASSMENT" AND "SEXUAL FAVOURITISM" - Answer️️ -Victimisation 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. LIST THE TERMS AND CONDITIONS OF EMPLOYMENT THAT ARE NON- VARIABLE CORE TERMS IN TERMS OF THE BCEA - Answer️️ -1. 4 MONTHS MATERNITY LEAVE 2. MAXIMUM WORKING HOURS 3. PROVISIONS RELATING TO NIGHT WORK 4. NOT LESS THAN 2 WEEKS ANNUAL LEAVE ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 5. PROVISIONS RELATING TO SICK LEAVE WHAT ARE THE THREE POSSIBLE OUTCOMES WHEN A PROBATION PERIOD EXPIRES - Answer️️ -1. The probationary period may be extended to enable the employee to improve her/his performance but only if it is justified. This would, for example, be where the job requirements are so complicated that a longer probationary period is required to determine whether the employee is, in fact, suitable for the job. 2. The employee may be dismissed, which will be where the employee's employment is not confirmed and the employee is not offered permanent appointment. 3. The employee can be appointed as a permanent employee. DISCUSS THE NATURE OF DISMISSAL OF EMPLOYEES WHO WENT ON MATERNITY LEAVE AND WHETHER THEIR DISMISSAL WAS JUSTIFIED - Answer️️ -STEP 1 is to determine whether there was a dismissal. The employer did not allow the employee to resume employment after maternity leave, and this conduct by the employer qualifies as a dismissal. STEP 2 is for the employer to show that the dismissal was not unfair. However, where the dismissal was because of the employees pregnancy it will be an automatically unfair dismissal and the employer will not be able to show that the dismissal was not unfair. The employer, however, indicates that Mary was not dismissed because of her pregnancy but because of misconduct. During her maternity leave, the employer discovered that she previously stole money. Since the reason for the dismissal is ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 5 misconduct, the employer will get the opportunity to prove that the dismissal was not unfair. Although the employer could show substantive fairness (proving theft), he did not follow the correct procedure. He did not inform Mary of the charges against her and did not hold a proper disciplinary heari