MRL3702 STUDY UNIT 2 - THE IMPACT OF COMMON LAW ON CONTRACTS OF EMPLOYMENT STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 STUDY UNIT 2 - THE IMPACT OF COMMON LAW ON CONTRACTS OF EMPLOYMENT STUDY GUIDE WITH COMPLETE SOLUTIONS REQUIREMENTS FOR VALID CONTRACT OF EMPLOYMENT - Answer️️ -1 Both parties mus agree 2 they must have capacity to enter into the contract 3 the contract must be lawful and possible to perform 4 where there are formalities that were agreed upon by parties all formalities must have been satisfied. DUTIES OF EMPLOYERS - Answer️️ -- to remunerate the employee (common law does not provide for paid leave) - does not prescribe form remuneration must take. - to provide employee with work - provide safe working conditions -to deal fairly with the employee - DUTIES OF EMPLOYEES - Answer️️ -- to render services to the employer - to work competently and diligently - to obey lawful and reasonable instructions - to serve the employer's interests and act in good faith ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 DOCTRINE OF VICARIOUS LIABILITY - Answer️️ -An employer is liable for the unlawful and delictual acts of an employee performed during the course of business. Operation of this doctrine is regulated by the common law and not by labour legislation. Vicarious liability thus protects third parties IN ORDER FOR THE EMPLOYER TO BE HELD LIABLE THE FOLLOWING THREE REQUIREMENTS MUST BE MET - Answer️️ -1. there must be a contract of employment 2. the employee must have acted in the course and scope of employment 3. the employee must have committed a delict BEZUIDENHOUT NO v ESKOM - Answer️️ -1. employee provided with a trust, marked as Eskom property for purpose of carrying out his duties 2. Employee had been expressly prohibited from giving lifts to any person without the permission of his superiors 3. Employee offered a lift to hitchhiker and cause negligent accident during which passenger suffered severe head injuries. 4. SCA held that the instruction not to carry passengers place a limitation on the scope of employment. 5. Employer was not vicariously liable for the injuries sustained by the unauthorized passenger because: ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 "the driver knew perfectly well that he was prohibited from giving a lift and had no intention of furthering him aster's affairs by doing so, and the reality was that the passengers presence added nothing to the interest of the employer in the proper administration of its service." GENERAL CONTRACT PRINCIPLES - Answer️️ -1. Consensus between the parties 2. parties to the contract must have capacity to act 3. the agreement must be legally possible 4. performance under the agreement must be physically possible 5. if there are formalities in terms of the contract they must be met INFORMATION WHICH MUST BE GIVEN TO THE EMPLOYEE IN WRITING INCLUDES - Answer️️ -1. full name and address of the employer 2. name and occupation of employee 3. place of work 4. date on which employment began 5. employees ordinary days and hours of work