Exam (elaborations)
LLW2601 Assignment 2 (100% COMPLETE
ANSWERS) Semester 1 2025 - DUE 25 April
Course
Individual Labour Law (LLW2601)
Institution
University Of South Africa
Book
Labour Law
Individual Labour Law - LLW2601 Assignment 2 Semester 1 2025 - DUE 25
April 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and
Solutions
. ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW: 1.1 Mr Lampert:
“Counsel, can you please explain to me what the employment law consequence of Ms Goolam’s
use of GenAI to draft the report is? (4)
Answer:
The employment law consequence of Ms Goolam’s use of GenAI to draft the report could
include the following:
1. Breach of Company Policy: If the employer has a policy regulating or prohibiting the
use of AI tools without approval, Ms Goolam’s use of GenAI could be seen as a breach
of that policy, potentially leading to disciplinary action.
2. Negligence or Misconduct: If the report contained errors, confidential information leaks,
or biased/unverified content due to GenAI usage, this might amount to negligence or
misconduct under employment law, depending on the severity and the consequences.
3. Impact on Trust and Confidence: Unauthorized use of GenAI could undermine the
trust relationship between Ms Goolam and her employer. In serious cases, this could
justify termination based on a breakdown of the employment relationship.
4. Intellectual Property and Confidentiality Risks: Using GenAI might unintentionally
disclose confidential company information or raise intellectual property issues, exposing
both Ms Goolam and her employer to legal risks. This could lead to disciplinary action
against her for breaching her duty of confidentiality.
Employment Law Consequences of Using GenAI – (4 marks)
, 1. Breach of Duty of Trust and Confidence
If Ms Goolam used GenAI without disclosing it, it could be seen as a breach of her duty
of trust and confidence towards the employer. Employers expect transparency and
honesty in how work is completed, especially where GenAI tools may introduce risks
(e.g., plagiarism, inaccuracy, or confidentiality breaches).
2. Misconduct or Gross Misconduct
Depending on the company’s policies, unauthorized use of GenAI might amount to
misconduct. If the report was critical or confidential and the use of AI was against clear
instructions or policy, it could even rise to the level of gross misconduct, justifying
disciplinary action.
3. Intellectual Property & Confidentiality Breach
GenAI tools often process data via third-party servers. If Ms Goolam input confidential
or sensitive company information, she may have breached confidentiality agreements or
company policies, with legal consequences relating to data protection or IP rights.
4. Disciplinary Action and Precedent Setting
The employer may initiate disciplinary procedures, and the outcome may set a precedent
for future conduct regarding GenAI use. It also raises the need for a clear internal policy
regulating GenAI to prevent future ambiguity.
2. HCTE Chairman: “Counsel, I can see that in one of the annexures to the IR,
Ms Goolam suggests her resort to GenAI was because of the allegedly
unreasonable working hours which she claims violate the law. Kindly tell me
what law and legal provision(s) regulate working hours and explain if Ms
Goolam’s claim is correct in terms of that law?” (4)
Law Regulating Working Hours & Assessment of Ms Goolam’s Claim – (4
marks)
1. Applicable Law: Basic Conditions of Employment Act (BCEA), 75 of 1997
The BCEA is the primary legislation in South Africa that regulates working hours. Its
aim is to ensure fair labour practices, including limiting excessive work hours.
2. Key Legal Provisions:
o Section 9(1): Limits ordinary working hours to 45 hours per week (i.e., 9 hours
per day if working 5 days, or 8 hours per day if working more than 5 days).
o Section 10(1): Overtime may not exceed 10 hours per week, and must be
voluntary and paid at 1.5 times the normal rate, unless agreed otherwise.
o Section 14: Employees must have a daily rest period of 12 consecutive hours
and a weekly rest period of 36 consecutive hours.
3. Application to Ms Goolam’s Claim:
If Ms Goolam was required (explicitly or implicitly) to work hours exceeding the legal
limits without proper compensation or agreement, her claim may be valid. She could
argue that the unreasonable workload left her no choice but to use GenAI to cope,
especially if rest periods or overtime protections were not respected.
LLW2601 Assignment 2 (100% COMPLETE
ANSWERS) Semester 1 2025 - DUE 25 April
Course
Individual Labour Law (LLW2601)
Institution
University Of South Africa
Book
Labour Law
Individual Labour Law - LLW2601 Assignment 2 Semester 1 2025 - DUE 25
April 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and
Solutions
. ANSWER THE QUESTIONS FROM THE HCTE MEMBERS BELOW: 1.1 Mr Lampert:
“Counsel, can you please explain to me what the employment law consequence of Ms Goolam’s
use of GenAI to draft the report is? (4)
Answer:
The employment law consequence of Ms Goolam’s use of GenAI to draft the report could
include the following:
1. Breach of Company Policy: If the employer has a policy regulating or prohibiting the
use of AI tools without approval, Ms Goolam’s use of GenAI could be seen as a breach
of that policy, potentially leading to disciplinary action.
2. Negligence or Misconduct: If the report contained errors, confidential information leaks,
or biased/unverified content due to GenAI usage, this might amount to negligence or
misconduct under employment law, depending on the severity and the consequences.
3. Impact on Trust and Confidence: Unauthorized use of GenAI could undermine the
trust relationship between Ms Goolam and her employer. In serious cases, this could
justify termination based on a breakdown of the employment relationship.
4. Intellectual Property and Confidentiality Risks: Using GenAI might unintentionally
disclose confidential company information or raise intellectual property issues, exposing
both Ms Goolam and her employer to legal risks. This could lead to disciplinary action
against her for breaching her duty of confidentiality.
Employment Law Consequences of Using GenAI – (4 marks)
, 1. Breach of Duty of Trust and Confidence
If Ms Goolam used GenAI without disclosing it, it could be seen as a breach of her duty
of trust and confidence towards the employer. Employers expect transparency and
honesty in how work is completed, especially where GenAI tools may introduce risks
(e.g., plagiarism, inaccuracy, or confidentiality breaches).
2. Misconduct or Gross Misconduct
Depending on the company’s policies, unauthorized use of GenAI might amount to
misconduct. If the report was critical or confidential and the use of AI was against clear
instructions or policy, it could even rise to the level of gross misconduct, justifying
disciplinary action.
3. Intellectual Property & Confidentiality Breach
GenAI tools often process data via third-party servers. If Ms Goolam input confidential
or sensitive company information, she may have breached confidentiality agreements or
company policies, with legal consequences relating to data protection or IP rights.
4. Disciplinary Action and Precedent Setting
The employer may initiate disciplinary procedures, and the outcome may set a precedent
for future conduct regarding GenAI use. It also raises the need for a clear internal policy
regulating GenAI to prevent future ambiguity.
2. HCTE Chairman: “Counsel, I can see that in one of the annexures to the IR,
Ms Goolam suggests her resort to GenAI was because of the allegedly
unreasonable working hours which she claims violate the law. Kindly tell me
what law and legal provision(s) regulate working hours and explain if Ms
Goolam’s claim is correct in terms of that law?” (4)
Law Regulating Working Hours & Assessment of Ms Goolam’s Claim – (4
marks)
1. Applicable Law: Basic Conditions of Employment Act (BCEA), 75 of 1997
The BCEA is the primary legislation in South Africa that regulates working hours. Its
aim is to ensure fair labour practices, including limiting excessive work hours.
2. Key Legal Provisions:
o Section 9(1): Limits ordinary working hours to 45 hours per week (i.e., 9 hours
per day if working 5 days, or 8 hours per day if working more than 5 days).
o Section 10(1): Overtime may not exceed 10 hours per week, and must be
voluntary and paid at 1.5 times the normal rate, unless agreed otherwise.
o Section 14: Employees must have a daily rest period of 12 consecutive hours
and a weekly rest period of 36 consecutive hours.
3. Application to Ms Goolam’s Claim:
If Ms Goolam was required (explicitly or implicitly) to work hours exceeding the legal
limits without proper compensation or agreement, her claim may be valid. She could
argue that the unreasonable workload left her no choice but to use GenAI to cope,
especially if rest periods or overtime protections were not respected.
