MRL3702
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 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
Legal Opinion: Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others
Summary of the Facts
In the case of Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others, Quantum Foods
sought to align its employees' wages with the National Minimum Wage Act 9 of 2018 (NMWA). To
achieve this, the company restructured its payslips to include a contractual bonus and employer
contributions to a provident fund, aiming to meet the minimum wage requirements. The contractual
bonus could be received either annually or as part of monthly payments, based on the employee's
preference. However, the union representing the employees contested this approach, arguing that
such payments should be excluded from the minimum wage calculation as per section 5 of the
NMWA. This dispute was escalated to the Commission for Conciliation, Mediation and Arbitration
(CCMA) for resolution.
Issues in Dispute
The primary issue in dispute was whether Quantum Foods was entitled to include the contractual
bonus and provident fund contributions in the calculation of employees' wages to satisfy the nati-
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 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
Legal Opinion: Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others
Summary of the Facts
In the case of Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others, Quantum Foods
sought to align its employees' wages with the National Minimum Wage Act 9 of 2018 (NMWA). To
achieve this, the company restructured its payslips to include a contractual bonus and employer
contributions to a provident fund, aiming to meet the minimum wage requirements. The contractual
bonus could be received either annually or as part of monthly payments, based on the employee's
preference. However, the union representing the employees contested this approach, arguing that
such payments should be excluded from the minimum wage calculation as per section 5 of the
NMWA. This dispute was escalated to the Commission for Conciliation, Mediation and Arbitration
(CCMA) for resolution.
Issues in Dispute
The primary issue in dispute was whether Quantum Foods was entitled to include the contractual
bonus and provident fund contributions in the calculation of employees' wages to satisfy the nati-
