Full of mrl3702 Study guides, Study notes & Summaries

A detailed summary of all the course work covered in semester one.

MRL3702 LABOUR LAW SUMMARY NOTES & QUESTIONS. STUDY UNIT 1 THE PROTECTION OF THE EMPLOYEE AND THE EFFECT OF COMMON LAW ON THE CONTRACT OF EMPLOYMENT Study:  chapters 2 and 3 of t/book  definition of “employee” in sections 200A and 213 of LRA and section 1 of the BCEA Note – only employees are protected by labour legislation (therefore important to draw a distinction between employees and other workers, for eg. independent contractors). Furthermore, only when a relationship is ...

MRL3702 STUDY UNIT 2 - THE IMPACT OF COMMON LAW ON CONTRACTS OF EMPLOYMENT 100% CORRECTLY ANSWERED. REQUIREMENTS FOR VALID CONTRACT OF EMPLOYMENT - CORRECT ANSWER-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 - CORRECT ANSWER-- to remunerate the employee (common law does not prov...

(a) Acquisition of organisational rights 1. THROUGH COLLECTIVE AGREEMENT This can be the case even for trade unions that are not representative 2. MEMBERSHIP OF A BARGAINING COUNCIL A registered trade union that is a party to a bargaining council automatically has the right of access to the premises and to deduct fees in respect of all those workplaces falling under the bargaining council. A union acquires these rights irrespective of being representative or not. 3. STRIKE ACTION A union...