LJU4802 ASSIGNMENT 1 SEMESTER 2 2025 ANSWER
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LJU4802: FOUNDATIONAL LABOUR LAW Q&A FOR REVISION
Section A: Sources of Labour Law and the Constitution
1. What is the supreme law of South Africa?
The Constitution of the Republic of South Africa, 1996.
2. Which section of the Constitution is most critical for Labour Law?
Section 23, which enshrines the rights to fair labour practices, to form
and join trade unions, and to engage in collective bargaining.
3. What are the three primary sources of South African Labour Law?
Common Law, Legislation, and Case Law (Judicial Precedent).
4. Which Act is the cornerstone of collective labour law in South Africa?
The Labour Relations Act 66 of 1995 (LRA).
5. Which Act regulates the basic terms and conditions of employment for
most workers?
The Basic Conditions of Employment Act 75 of 1997 (BCEA).
,6. What is the purpose of the Employment Equity Act?
To achieve equity in the workplace by promoting equal opportunity and
fair treatment, and eliminating unfair discrimination.
7. Which Act provides for the establishment of the Commission for
Conciliation, Mediation and Arbitration (CCMA)?
The Labour Relations Act (LRA).
8. What is the primary role of the CCMA?
To resolve labour disputes through conciliation, mediation, arbitration,
and adjudication.
9. What is the difference between a right and a freedom in the Bill of
Rights?
A right is a positive entitlement that can be enforced, while a freedom is
a guarantee of immunity from state interference. In labour law, the
distinction is often blurred.
10.Does the Bill of Rights apply to a dispute between a private employer
and an employee?
Yes, through the application of the horizontal application clause in
Section 8(2) of the Constitution.
, Section B: The Contract of Employment
11.What is the legal nature of a contract of employment?
It is a reciprocal agreement between an employer and an employee,
creating rights and obligations for both parties.
12.What are the three essentialia of a contract of employment?
1. The employee's willingness to be employed, 2. The employer's
willingness to employ, and 3. Remuneration for work done.
13.What is the difference between an "employee" and an "independent
contractor"?
An employee works for another person and is subject to their control and
direction. An independent contractor works for themselves and is not subject
to the same level of control.
14.Which test is commonly used to determine who is an employee?
The dominant impression test, as outlined in Section 200A of the LRA
and the Code of Good Practice.
15.What is the purpose of a probation clause in a contract of employment?
To evaluate the employee's performance, conduct, and suitability for the
job before confirming permanent employment.
GUIDE || VERIFIED LABOUR LAW SOLUTIONS || 100%
GUARANTEED PASS <LATEST VERSION>
LJU4802: FOUNDATIONAL LABOUR LAW Q&A FOR REVISION
Section A: Sources of Labour Law and the Constitution
1. What is the supreme law of South Africa?
The Constitution of the Republic of South Africa, 1996.
2. Which section of the Constitution is most critical for Labour Law?
Section 23, which enshrines the rights to fair labour practices, to form
and join trade unions, and to engage in collective bargaining.
3. What are the three primary sources of South African Labour Law?
Common Law, Legislation, and Case Law (Judicial Precedent).
4. Which Act is the cornerstone of collective labour law in South Africa?
The Labour Relations Act 66 of 1995 (LRA).
5. Which Act regulates the basic terms and conditions of employment for
most workers?
The Basic Conditions of Employment Act 75 of 1997 (BCEA).
,6. What is the purpose of the Employment Equity Act?
To achieve equity in the workplace by promoting equal opportunity and
fair treatment, and eliminating unfair discrimination.
7. Which Act provides for the establishment of the Commission for
Conciliation, Mediation and Arbitration (CCMA)?
The Labour Relations Act (LRA).
8. What is the primary role of the CCMA?
To resolve labour disputes through conciliation, mediation, arbitration,
and adjudication.
9. What is the difference between a right and a freedom in the Bill of
Rights?
A right is a positive entitlement that can be enforced, while a freedom is
a guarantee of immunity from state interference. In labour law, the
distinction is often blurred.
10.Does the Bill of Rights apply to a dispute between a private employer
and an employee?
Yes, through the application of the horizontal application clause in
Section 8(2) of the Constitution.
, Section B: The Contract of Employment
11.What is the legal nature of a contract of employment?
It is a reciprocal agreement between an employer and an employee,
creating rights and obligations for both parties.
12.What are the three essentialia of a contract of employment?
1. The employee's willingness to be employed, 2. The employer's
willingness to employ, and 3. Remuneration for work done.
13.What is the difference between an "employee" and an "independent
contractor"?
An employee works for another person and is subject to their control and
direction. An independent contractor works for themselves and is not subject
to the same level of control.
14.Which test is commonly used to determine who is an employee?
The dominant impression test, as outlined in Section 200A of the LRA
and the Code of Good Practice.
15.What is the purpose of a probation clause in a contract of employment?
To evaluate the employee's performance, conduct, and suitability for the
job before confirming permanent employment.
