Tutors you can trust. Voted “BEST
A
SELLING” memos for the year 2024.
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MRL3702
Labour Law
PORTFOLIO
The
MEMO - MAY/JUNE 2025
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 16 MAY 2025
Footnotes/Bibliography included
PORTFOLIO PREVIEW
QUESTION 1
Tse-Tharo is a bakery employing sixty (60) employees. According to its retirement policy, all its employees must retire when
they reach the age of fifty-five (55). Like many others in South Africa, Tsakatsaka has spent most of his youth unemployed and
only landed his first job at the age of forty-seven (47) at Tse-Tharo Bakery. He believes that it is unfair discrimination to force
him into retirement at the age of 55, despite being strong, capable and willing to work, especially as he wishes to build a good
pension profile.
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations o
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this documen
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPACKS
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
,QUESTION 1
Tse-Tharo is a bakery employing sixty (60) employees. According to its retirement
policy, all its employees must retire when they reach the age of fifty-five (55). Like
many others in South Africa, Tsakatsaka has spent most of his youth unemployed
and only landed his first job at the age of forty-seven (47) at Tse-Tharo Bakery. He
believes that it is unfair discrimination to force him into retirement at the age of 55,
despite being strong, capable and willing to work, especially as he wishes to build
a good pension profile.
Write a critical legal opinion on whether the use of age as a basis to terminate
employment relationships is fair and legally justifiable. (25)
[25]
QUESTION 2
Tebatso is employed in the Department of Employment and Labour (DEL) as a Chief
Financial Officer (CFO). He suspected that Zanele, his deputy, together with the
former Chief Operations Officer (COO) and other colleagues, was involved in some
fraudulent activities in the department. Tebatso reported the matter to the office of
the head of legal services in the department. The office of the head of legal services
seemed concerned when Tebatso reported the matter, and they even promised to
constitute a Special Task Team (STT) to conduct further investigations. Two
months later, however, no STT had been constituted. When Tebatso followed up,
the head of legal services asked him whether he did not ‘have a wife and kids to
focus on’. Tebatso escalated the matter to the Minister of the DEL, providing clear
evidential material. To his surprise, Tebatso was suspended with pay for eighteen
18) months and was later dismissed in December 2024 for reporting the fraudulent
activities in the department.
With reference to applicable legal authority, answer the following questions –
, (i) What does the report made by Tebatso constitute?
(ii) Was the action taken by Tebatso lawful?
(iii) Define the concept mentioned in (i) above. (2)
(iv) What does the employer’s action to suspend and eventually dismiss Tebatso
under these circumstances amount to, respectively?
(v) Discuss whether there are possible remedies for Tebatso in relation to both the
suspension and the dismissal he was subjected to for reporting ongoing
fraudulent activities in the DEL.
(vi) List and distinguish between the two types of suspension. (4)
QUESTION 3
With reference to applicable legal authority, answer the following questions –
(a) Distinguish between a dispute of right and a dispute of interest.
(b) List five principles of good faith bargaining.
(C) Distinguish between union security arrangements in terms of their purposes
and explain whether they are permitted under the Constitution. (5)
[25]
QUESTION 4
(a) List five (5) services that are designated as essential services by the Essential
Services Commission (ESC). (10)
(b) Define the concept ‘essential services’. (5)
(c) The LRA requires employees to give 48 hours’ notice to the employer before
engaging in a strike. Explain the purpose of serving the notice.
(d) Define the concept ‘lockout’. (5)
A
SELLING” memos for the year 2024.
+
MRL3702
Labour Law
PORTFOLIO
The
MEMO - MAY/JUNE 2025
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 16 MAY 2025
Footnotes/Bibliography included
PORTFOLIO PREVIEW
QUESTION 1
Tse-Tharo is a bakery employing sixty (60) employees. According to its retirement policy, all its employees must retire when
they reach the age of fifty-five (55). Like many others in South Africa, Tsakatsaka has spent most of his youth unemployed and
only landed his first job at the age of forty-seven (47) at Tse-Tharo Bakery. He believes that it is unfair discrimination to force
him into retirement at the age of 55, despite being strong, capable and willing to work, especially as he wishes to build a good
pension profile.
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations o
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this documen
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPACKS
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
,QUESTION 1
Tse-Tharo is a bakery employing sixty (60) employees. According to its retirement
policy, all its employees must retire when they reach the age of fifty-five (55). Like
many others in South Africa, Tsakatsaka has spent most of his youth unemployed
and only landed his first job at the age of forty-seven (47) at Tse-Tharo Bakery. He
believes that it is unfair discrimination to force him into retirement at the age of 55,
despite being strong, capable and willing to work, especially as he wishes to build
a good pension profile.
Write a critical legal opinion on whether the use of age as a basis to terminate
employment relationships is fair and legally justifiable. (25)
[25]
QUESTION 2
Tebatso is employed in the Department of Employment and Labour (DEL) as a Chief
Financial Officer (CFO). He suspected that Zanele, his deputy, together with the
former Chief Operations Officer (COO) and other colleagues, was involved in some
fraudulent activities in the department. Tebatso reported the matter to the office of
the head of legal services in the department. The office of the head of legal services
seemed concerned when Tebatso reported the matter, and they even promised to
constitute a Special Task Team (STT) to conduct further investigations. Two
months later, however, no STT had been constituted. When Tebatso followed up,
the head of legal services asked him whether he did not ‘have a wife and kids to
focus on’. Tebatso escalated the matter to the Minister of the DEL, providing clear
evidential material. To his surprise, Tebatso was suspended with pay for eighteen
18) months and was later dismissed in December 2024 for reporting the fraudulent
activities in the department.
With reference to applicable legal authority, answer the following questions –
, (i) What does the report made by Tebatso constitute?
(ii) Was the action taken by Tebatso lawful?
(iii) Define the concept mentioned in (i) above. (2)
(iv) What does the employer’s action to suspend and eventually dismiss Tebatso
under these circumstances amount to, respectively?
(v) Discuss whether there are possible remedies for Tebatso in relation to both the
suspension and the dismissal he was subjected to for reporting ongoing
fraudulent activities in the DEL.
(vi) List and distinguish between the two types of suspension. (4)
QUESTION 3
With reference to applicable legal authority, answer the following questions –
(a) Distinguish between a dispute of right and a dispute of interest.
(b) List five principles of good faith bargaining.
(C) Distinguish between union security arrangements in terms of their purposes
and explain whether they are permitted under the Constitution. (5)
[25]
QUESTION 4
(a) List five (5) services that are designated as essential services by the Essential
Services Commission (ESC). (10)
(b) Define the concept ‘essential services’. (5)
(c) The LRA requires employees to give 48 hours’ notice to the employer before
engaging in a strike. Explain the purpose of serving the notice.
(d) Define the concept ‘lockout’. (5)
