LLW2601
ASSIGNMENT 2 (MEMO) SEMESTER 1
DUE DATE: 25 APRIL 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than April 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 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 marks)
ANSWER:
Thank you, Mr Lampert. The core issue here pertains to the breach of the employment relationship's
foundational principle—trust and confidence. Under South African labour law, every employee
owes their employer a duty of good faith, fidelity, and honesty. Ms Goolam, by submitting a report
that was partially generated by GenAI—an unapproved tool explicitly prohibited by MTE workplace
policies—has likely breached this duty. This is especially serious given that the report was not only
submitted to Parliament but also broadcast live to the public, potentially damaging the credibility
of the MTE.
The consequence of this breach could constitute misconduct or even gross misconduct, depending
on the severity as assessed by a disciplinary process. The fact that the sources cited in the report
were fictitious, and that the substantive claims lacked grounding in real research, suggests
dishonesty and negligence, both of which are recognised under Schedule 8 of the Labour Relations
ASSIGNMENT 2 (MEMO) SEMESTER 1
DUE DATE: 25 APRIL 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than April 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 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 marks)
ANSWER:
Thank you, Mr Lampert. The core issue here pertains to the breach of the employment relationship's
foundational principle—trust and confidence. Under South African labour law, every employee
owes their employer a duty of good faith, fidelity, and honesty. Ms Goolam, by submitting a report
that was partially generated by GenAI—an unapproved tool explicitly prohibited by MTE workplace
policies—has likely breached this duty. This is especially serious given that the report was not only
submitted to Parliament but also broadcast live to the public, potentially damaging the credibility
of the MTE.
The consequence of this breach could constitute misconduct or even gross misconduct, depending
on the severity as assessed by a disciplinary process. The fact that the sources cited in the report
were fictitious, and that the substantive claims lacked grounding in real research, suggests
dishonesty and negligence, both of which are recognised under Schedule 8 of the Labour Relations
