MRL3702 ASSIGNMENT 1 COMPLETE ANSWERS
STUDY GUIDE 2025/2026 VERIFIED SOLUTIONS AND
CORRECT ANSWERS || 100% GUARANTEED PASS
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Theme 1: Introduction to Labour Law
1. What is the primary difference between an "employee" and an
"independent contractor"?
Answer: An employee works for someone else's business, is subject to their
control and direction, and is integrated into the business. An independent
contractor runs their own business and performs work for a client, maintaining
autonomy.
2. Which section of the LRA provides the current, overarching definition of an
"employee"?
Answer: Section 213 of the Labour Relations Act 66 of 1995 (as amended).
3. What is the primary purpose of the presumption of an employment
relationship in section 200A of the LRA?
, Answer: To protect vulnerable workers who are, in reality, employees but are
misclassified as independent contractors to deprive them of labour law protections.
4. Name one of the key factors listed in section 200A of the LRA that gives rise
to the presumption of employment.
Answer: The manner in which the person works is subject to the control or
direction of another person.
5. What is the "dominant impression" test used for?
Answer: It is used by courts to evaluate the true nature of a working
relationship by looking at the totality of the facts, rather than the label the parties
give it.
6. Which case is seminal in establishing the "reality of the relationship" test in
South Africa?
Answer: SABC v McKenzie (1999).
7. What are the four main sources of South African labour law?
Answer: The Constitution; Labour legislation (e.g., LRA, BCEA, EEA);
Collective agreements; and Common law.
, 8. Which Act gives constitutional recognition to the right to fair labour
practices?
Answer: The Constitution of the Republic of South Africa, 1996 (Section 23).
9. What is the primary statute governing collective labour relations and
dispute resolution?
Answer: The Labour Relations Act 66 of 1995 (LRA).
10. What is the purpose of the Basic Conditions of Employment Act 75 of 1997
(BCEA)?
Answer: To advance economic development and social justice by establishing
and enforcing basic conditions of employment for all workers.
Theme 2: Contracts of Employment
11. What is a contract of employment?
Answer: It is a reciprocal agreement between an employer and an employee in
terms of which the employee places their productive capacity at the disposal of the
employer in return for remuneration.
12. Is a written contract of employment a legal requirement for a valid
employment relationship?
STUDY GUIDE 2025/2026 VERIFIED SOLUTIONS AND
CORRECT ANSWERS || 100% GUARANTEED PASS
<LATEST VERSION>
Theme 1: Introduction to Labour Law
1. What is the primary difference between an "employee" and an
"independent contractor"?
Answer: An employee works for someone else's business, is subject to their
control and direction, and is integrated into the business. An independent
contractor runs their own business and performs work for a client, maintaining
autonomy.
2. Which section of the LRA provides the current, overarching definition of an
"employee"?
Answer: Section 213 of the Labour Relations Act 66 of 1995 (as amended).
3. What is the primary purpose of the presumption of an employment
relationship in section 200A of the LRA?
, Answer: To protect vulnerable workers who are, in reality, employees but are
misclassified as independent contractors to deprive them of labour law protections.
4. Name one of the key factors listed in section 200A of the LRA that gives rise
to the presumption of employment.
Answer: The manner in which the person works is subject to the control or
direction of another person.
5. What is the "dominant impression" test used for?
Answer: It is used by courts to evaluate the true nature of a working
relationship by looking at the totality of the facts, rather than the label the parties
give it.
6. Which case is seminal in establishing the "reality of the relationship" test in
South Africa?
Answer: SABC v McKenzie (1999).
7. What are the four main sources of South African labour law?
Answer: The Constitution; Labour legislation (e.g., LRA, BCEA, EEA);
Collective agreements; and Common law.
, 8. Which Act gives constitutional recognition to the right to fair labour
practices?
Answer: The Constitution of the Republic of South Africa, 1996 (Section 23).
9. What is the primary statute governing collective labour relations and
dispute resolution?
Answer: The Labour Relations Act 66 of 1995 (LRA).
10. What is the purpose of the Basic Conditions of Employment Act 75 of 1997
(BCEA)?
Answer: To advance economic development and social justice by establishing
and enforcing basic conditions of employment for all workers.
Theme 2: Contracts of Employment
11. What is a contract of employment?
Answer: It is a reciprocal agreement between an employer and an employee in
terms of which the employee places their productive capacity at the disposal of the
employer in return for remuneration.
12. Is a written contract of employment a legal requirement for a valid
employment relationship?
