2023 PEMA5122/LABL5112/EMPL018

Assessment Brief:
Exam

MODULE DETAILS

MODULE CODES:

PRINCIPLES OF EMPLOYMENT LAW PEMA5112/p

PRINCIPLES OF EMPLOYMENT LAW PEMA5122/p
SLP: PRINCIPLES OF EMPLOYMENT LAW EMPL018
INTRODUCTION TO LABOUR LAW LABL5112/d

QUALIFICATION(S): PEMA5112/p ; PEMA5122/p – IIE Higher Certificate in Legal Studies.

EMPL018 – IIE SLP Principles of Employment Law.
LABL5112 / d – IIE Diploma in Human Resource Management Practice.

NQF LEVEL: 5

PURPOSE OF THIS BRIEF

This assessment brief outlines the assessment requirements for this module, focusing on key
information to guide your preparation for examination. At no stage, will this brief provide detail
of individual concepts covered nor will it be an exact description of the content covered in each
section/ specific question in the paper.

Instead, the detail provided in this brief should provide guidance and support only and should
not be regarded as an exact description of each assessment.

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TYPES OF QUESTIONS

You may be assessed on theory and the application, analysis, synthesis, and evaluation of the
relevant theory regardless of the year of study in which this module is offered. However, the
difficulty of the questions will vary from one year of study to the next, with the degree of difficulty
increasing as you progress through the programme. This means that some questions, especially
towards the end of a paper, may require you to integrate knowledge from a number of learning
units in your response. This is perfectly acceptable and does not mean that such questions will
be out of scope.

Every effort will be made to ensure that the basic structure of all versions of this assessment will
be the same. However, there may be small variations in mark allocation and/ or types of
questions. The types of questions students may expect in this assessment are summarised on the
table below.

ASSESSMENT Examination
LEARNING UNITS COVERED All
Selected Response Questions /
Multiple choice questions 
Matching column questions 
True/ false with justification 
Short Questions /
Short definitions/ explanations/ differentiations/ comparisons/ 
descriptions
Short to medium length paragraphs 
Long Questions /
Essays 
Problem-based/ Case study questions 
Practical computer graphics/ programming/ networking questions 
Important other information

OVERALL/ SPECIFIC REQUIREMENTS FOR THIS ASSESSMENT

Questions relate to Learning Unit Objectives and the related content in the module outline as well as
the prescribed textbook.

PREPARING FOR ASSESSMENTS

A useful way in which to prepare for assessments is to work through any questions and tasks
included in the active learning questions on the Learn Platform. This will enable you to assess
your level of understanding of the content covered as well as an opportunity to practise
answering questions.

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SAMPLE QUESTIONS

Question 1 (Marks: 20)

Match Column A with the correct description or term in Column B. In your answer booklet, write down
only the question number and, next to it, the letter of the correct answer.

Column A Column B
Q.1.1 Collective bargaining A This is a collective agreement between an employer
and a majority union in terms of which employees who
are not members of the majority union and all
employees who are eligible for union membership are
required to pay agency fees.
Q.1.2 Bargaining council B This is a written agreement concerning terms and
conditions of employment.
Q.1.3 Collective agreement C This is a collective agreement between an employer
and majority union in terms of which all employees
covered by the agreement are required to join the
majority union, which is a party to the agreement.
Q.1.4 Agency shop agreement D A body where collective bargaining can take place.
Q.1.5 Trade union E An association of employees whose main aim is to
regulate relations between the employer and
employees.
Q.1.6 Workplace forums F This is a basic principle of collective bargaining and is
protected by the Constitution, the LRA and the ILO
Conventions.
Q.1.7 Freedom of Association G This is a voluntary process where employers and
employees can negotiate terms and conditions of
employment.

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Q.1.8 Organisational rights H These organisations encourage employee participation

in the workplace and are designed to provide
opportunities for employers and employees to
cooperate meaningfully.
Q.1.9 Centralised bargaining I This type of bargaining takes place in a specific sector
of the economy.
Q.1.10 Closed shop agreement J These are granted to unions by the LRA to enable them
to function more effectively and to build support at the
workplace.

Question 2 (Marks: 20)

Match Column A with the correct description or term in Column B. In your answer booklet, write
down only the question number and, next to it, the letter of the correct answer.

Column A Column B
Q.2.1 The concept of freedom A Operate between an employer and employees in the
of association. workplace and are the eyes, ears and hands of the union
in the workplace.
Q.2.2 Workers with limited B organisational rights.
freedom of association.
Q.2.3 Agency shop agreement. C Entails the rights of workers to form and join trade
unions.
Q.2.4 Closed shop D Is a voluntary process in which organised labour in the
agreements. form of trade unions and employers’ organisations
negotiate collective agreements with each other to
determine wages.
Q.2.5 Only registered unions E Members of South African National Defence Force
may acquire these. (SANDF).
Q.2.6 Shop stewards. F Is a collective agreement between an employer and a
majority union in terms of which all employees covered

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by the agreement are required to join the majority union

which is a party to this agreement.
Q.2.7 Workplace forums. G Is a collective agreement between an employer and a
majority union in terms of which employees who are not
members of the majority union are required to pay
agency fees.
Q.2.8 Plant or enterprise H Special committees of employees which meet with the
bargaining. employer on a regular basis.
Q.2.9 Bargaining councils. I Takes place between the employees represented by
unions and the employer at a specific plant.
Q.2.10 Collective bargaining. J Are established voluntarily and deal with matters of
mutual interest between employers and employees.

Question 3 (Marks: 20)

Multiple-choice questions: Select one correct answer for each of the following. In your answer booklet,
write down only the number of the question and next to it, the number of the correct answer:

Q.3.1 Identify the scenario that best illustrates an unfair labour practice: (2)

(1) Alex is a senior project manager at a local NGO called Protect the Rhino. Alex
has been found guilty of several charges of misconduct. After complying with
the requirements of substantive and procedural fairness, the employer
demoted him to the level of junior project manager.
(2) Irvine is the National General Manager at Great Florist which owns a chain of
shops in all provinces in South Africa. On Thursday afternoon, Irvine had a
difference of opinion while having a discussion with Sydney, one of the
managing directors of Great Florists. Soon after this discussion, HR notifies
Irvine that he has been demoted and transferred to the Great Florist Ballito
Branch. He has been notified that he will act as the General Manager at branch
level and that he should be grateful that he still has a job.

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(3) Malecia was on maternity leave for 4 months. Upon her return to work, she is
informed by her employer that the company has replaced her and she no
longer has a job.
(4) Siya participated in a protected strike. He receives a WhatsApp message from
his employer stating that, as a result of his rebelliousness and his refusal to
follow the reasonable instructions of his employer to come back to work
immediately, he is now formally dismissed and must not return to work.

Q.3.2 Identify the scenario that best illustrates an automatically unfair dismissal: (2)
(1) Cleo was on maternity leave for three months. Upon her return from maternity
leave, she is informed by her employer that the company no longer has a
position for her and that she has been replaced her by a man, a far better
worker who will not need to be away from work due to maternity leave.
(2) Melusi participated in an unprotected strike. The strike broke out into
vandalism of company property and violence that later led to the injury of two
persons. Melusi receives notification from his employer that he must attend a
disciplinary hearing. After complying with all the requirements of procedural
fairness, he is found guilty of misconduct and is dismissed.
(3) Medina is a preschool teacher at a rural school in the Tzaneen. A video has gone
viral of him beating a preschool child. Parents of the school start to complain.
The employer holds a disciplinary hearing and they suspend Thulani as a
punitive measure for one month with full pay.
(4) Three employees are caught stealing chickens from the school chicken run. All
three are subsequently fairly dismissed. One week later, two of the employees
are asked to come back to work but one employee is not recalled.

Q.3.3 Identify the scenario that best illustrates misconduct by an employee: (2)
(1) Lerumo is a taxi driver. On his way to Tzaneen, he suddenly feels ill. He has a
heart attack and collides with a bus. Mrs Chilongo, a passenger in the taxi, is
seriously injured in this accident.

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(2) Febi calls in sick to work. On the same day that she calls in sick, she is later seen
on national TV toyi-toying while participating in an unprotected strike against
xenophobia. She is also seen on CCTV stealing from a nearby shop.
(3) Arisha raises certain concerns about health and safety within the workplace.
She informs the health and safety representative that the company does not
seem to adequately comply with relevant regulations.
(4) All of the above.

Q.3.4 Identify the statement that best describes the role of the CCMA: (2)
(1) Conciliate workplace disputes.
(2) Arbitrate certain categories of disputes.
(3) Facilitate the establishment of workplace forums.
(4) All of the above.

Q.3.5 Identify the statement that is incorrect regarding conciliation: (2)

(1) If conciliation is unsuccessful, a dispute about a dismissal based on
misconduct will go to arbitration.
(2) If an unfair dismissal dispute based on operational requirements is not
conciliated successfully, it may be referred to the Labour Court for
adjudication.
(3) If a conciliation is unsuccessful, the commissioner should issue a certificate
stating the dispute was not conciliated.
(4) The conciliator makes an award that is final and such award can only be taken
on review.

Q.3.6 Lira is appointed as the Head Chef at Delicious Eats. Identify the scenario that best (2)
illustrates termination of employment based on grounds of impossibility:
(1) On Friday night, a violent storm occurs and fire breaks out. Delightful Burgers
is burnt to ashes.
(2) Two months after her appointment as Head Chef, one of the directors of the
company passes away.

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(3) Lira has a heated disagreement with a customer. The customer grabs her
handbag and runs out of the store.
(4) Lira and her employer cannot see eye-to-eye. They agree that the relationship
is not working and they decide that its best to part ways on a good note.

Q.3.7 Identify the statement that is incorrect regarding the reinstatement of an employee: (2)
(1) The primary remedy for unfair dismissal is reinstatement.
(2) Reinstatement would not be the best remedy where the continued
employment relationship would be intolerable.
(3) Reinstatement would be appropriate where the relationship of trust has
broken down.
(4) Compensation would be appropriate where the employee does not wish to be
reinstated.

Q.3.8 Identify the statement that is incorrect regarding arbitration: (2)

(1) In arbitration proceedings the award of the arbitrator is final.
(2) A dispute regarding misconduct should be referred to arbitration.
(3) Arbitration can take place at a bargaining council.
(4) Arbitration is a process where a third party assist the disputing parties to
bring them to negotiation and settlement.

Q.3.9 Identify the statement that is false regarding dismissals: (2)

(1) A dismissal based on operational requirements is regarded as a no-fault
dismissal.
(2) Dismissal on the basis of economic needs should be used as a matter of last
resort.
(3) An employer may offer changed terms and conditions of employment to
employees, changes that are necessary for the business. If an employee
unreasonably refuses to accept these changes he or she may be dismissed for
operational reasons.

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(4) Technological needs of an organisation refer to the introduction of new

technologies. In terms of our law, employees’ posts or jobs should not become
redundant because of the introduction of new technology in the workplace.

Q.3.10 Identify the scenario that illustrates an automatically unfair dismissal: (2)
(1) Melville participated in a protected 3-day strike. While the strike is ongoing, he
receives an email from Henry the director saying he has been dismissed
because the company cannot permit striking employees.
(2) Melusi follows the Rastafarian religion and has dreadlocks. The company
recently appointed a new director who follows a very strict culture that does
not believe in men growing their hair. This director informs Melusi that if he
does not cut his hair by next week, he should consider himself dismissed.
(3) Marvis recently discovered that she is pregnant but she is unmarried. She
informs the director about the good news. Melusi, the director, informs her
that the company cannot allow Marvis to continue to work in the company as
she is an immoral individual and a bad example to junior staff members. She is
dismissed with immediate effect.
(4) All of the above.

Question 4 (Marks: 40)

Rubbish has been piling up in parts of Mamelodi, east of Pretoria since council workers downed tools
more than a month ago. Workers affiliated to the South African Municipal Workers Union (SAMWU)
embarked on an unprotected strike to demand 5.4% salaries increase. The strike caused major
disruptions at municipal landfill sites, waste collection, and other services.
Last week, the City of Tshwane announced it was implementing a household catch-up plan where
some waste removal teams, escorted by metro police, would begin clearing some areas of the
uncollected rubbish.
GroundUp visited five sections of Mamelodi East on 28 August and found piles of full, uncollected
plastic bags and litter scattered along the streets.

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The busy Tsamaya Avenue appeared to be the worst affected. This week, the City stated two waste
collection trucks were torched within a 24-hour period.
Melita Rantu from Extension 17 said the City’s waste collection services had come to a complete halt
since labour unrest began last month.
“There are people in Mamelodi who offer to remove waste from our homes, but they charge R15 per
small bin full of waste. I cannot afford to pay while many other areas of Tshwane get this service for
free,” said Rantu.
Another resident, Bento Sithole, who runs a small business selling vegetables, snacks and sweets in
Ext 17, said the smell of rotten refuse near his stall is unbearable.
“There are many flies here. I can no longer enjoy my meals because of the bad smell. I also pay
someone R15 to take my waste bin. I’m supposed to buy bread with this money,” said Sithole.

City spokesperson Lindela Mashigo referred us to a press statement released on 24 August. In it,
Mayor Cilliers Brink acknowledges waste collection had been severely affected over several weeks by
striking employees. He stated the new waste collection initiative has been successful so far, with over
a dozen communities having already been cleaned.
However, Mamelodi East residents interviewed by GroundUp said they heard about the City’s waste
collection plan, but had not yet seen signs of its implementation in their areas.
Mashigo said the Labour Court had on 28 July declared the strike unlawful and unprotected after the
City had approached the court on an urgent basis to interdict the strike.
“The City has maintained its position that it cannot afford to pay the increase,” said Mashigo.
Mashigo did not confirm whether the strike had officially ended but the majority of the workers have
returned to work. Questions sent to SAMWU’s Tshwane regional secretary Precious Theledi went
unanswered by the time of publication.

Warren Mabona ‘Unprotected strike leaves foul stench, piles of refuse across Mamelodi’
Waste collection teams are being escorted by metro police in some areas amid violent threats by
strikers 31 August 2023 https://www.groundup.org.za/article/workers-unprotected-strike-leaves-
foul-stench-piles-of-refuse-across-mamelodi/

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Taking the above extract into consideration, answer the following questions:

Q.4.1 Define the term strike. (5)

Q.4.2 “Employees have stronger protection with regards to their right to strike than (6)
employers who only have recourse to a lock out.”

Discuss this statement with reference to the right to strike and lock outs.

Q.4.3 Should the above strike in the extract be declared an unprotected strike, explain the (12)
following to the striking employees:

• The differences between protected strikes and unprotected strikes; and

• The consequences of having an unprotected strike.

Q.4.4 Explain to the striking employees the procedure that must be followed for there to be (12)
a protected strike.

Q.4.5 Discuss the meaning of “secondary strike” by way of an example. Your answer should (5)
include a short set of facts that clearly shows how a secondary strike comes about.

Question 5 (Marks: 20)

If an employee gets injured as a result of a workplace accident or becomes ill as a result of his or her
job, they will be able to claim compensation in terms of the Compensation for Occupational Injuries and
Diseases Act 130 of 1993 (or COIDA). Write a short essay in which you answer the following questions:

• Discuss the aims and objectives of COIDA.

• Identify any four persons who are excluded from the application of COIDA.

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• Discuss the requirements that must be met in order to qualify to claim from the Commissioner
under COIDA.

Question 6 (Marks: 20)

Q.6.1 Discuss any five duties of an employee as they relate to health and safety in the (5)
workplace.

Q.6.2 Explain any five functions of the health and safety representative in the workplace. (10)

Q.6.3 Explain the differences between mediation and arbitration proceedings. (5)

Question 7 (Marks: 10)

Identify the benefits in the Unemployment Insurance Act 63 of 2001 (UIA) that each person would be
entitled to claim in each of the following scenarios:

Q.7.1 Cecilia is 9 months pregnant and she will be taking unpaid maternity leave for 4 months. (2)

Q.7.2 Samantha and Samuel decide to adopt a newborn baby, Sammy. (2)

Q.7.3 Harriet is diagnosed with Tuberculosis (TB) and she has been critically ill for 4 weeks. (2)

Q.7.4 Michael is the breadwinner in his family. Michael passed away and left behind two (2)
dependants, Michaela and Michael Jr.

Q.7.5 Melody works as a domestic worker in Mr Dhlamini’s 3-bedroom flat in Sandton. Mr (2)
Dhlamini lives alone, is not married and has no dependants. On Friday night, on his way
from Rockers’ nightclub, he is attacked by thieves and murdered. Melody can no longer
work as her employer has passed on and she is officially unemployed.

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Question 8 (Marks: 30)

The Occupational Health and Safety Act 83 of 1993 (or OHASA) was instituted in South Africa to make
sure that company management set up safety representatives and safety committees in the workplace.
The Act also gives health and safety guidelines on more regular, day-to-day workplace facilities like
toilets, change rooms, first aid kits, fire precautions, adequate ventilation, proper lighting, temperature
and more.

Considering OHASA, answer the following questions:

Q.8.1 Leon runs a labour broking company called “Genesis”. The company, among other (10)
functions, helps clients to develop their long-term staffing strategies and to secure
the employees best qualified to meet their requirements. Leon has heard of OHASA
but is not sure if it applies to him.

Explain to Leon the following:

• the general applicability of OHASA;
• the instances when OHASA would not apply to an employer; and
• whether OHASA applies to Leon ’s company.
NOTE: 8 marks are to be allocated for content and 2 marks are to be allocated for
the skill that you use to answer this question.

Q.8.2 Philip works at a construction company in Port Elizabeth. The management of the (10)
company has informed the staff of the company that they need to appoint a health
and safety representative. Philip is under the impression that, to be such a
representative, one acquires more power and influence in the company, and he would
like to be considered for the post. Philip speaks to his co-workers, and he asks them
to appoint him as their health and safety representative. He is subsequently
appointed as the representative. Philip is under the impression that he will be able to
attend disciplinary hearings of other staff members to defend their rights and
furthermore, attend all senior management meetings to make the employees voice
heard.

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Evaluate whether Philip is correct or not in his thinking about the roles and
responsibilities of a health and safety representative. As part of your answer, you
must further indicate to Philip what the other functions of health and safety
representatives are.

NOTE: 8 marks are to be allocated for content and 2 marks are to be allocated for
your skill of applying the law to the Philip ’s facts.

Q.8.3 King Fries is a recently incorporated company which has over 82 employees. (10)
Explain the following to the directors of the company:

• when an employer is required to establish a health and safety committee;

• the duties of a health and safety committee; and
• how often the committee must meet.

NOTE: 8 marks are to be allocated for content and 2 marks are to be allocated for
your skill of applying the law to the facts.

Question 9 (Marks: 25)

Write a short essay which relates to the Unemployment Insurance Act 63 of 2001 (or UIA). Your essay must
answer the following questions:

• Highlight the aims and purpose of the UIA (3 marks).

• Explain what the Unemployment Insurance Fund (or UIF) is (3 marks).
• Discuss who is entitled to claim from the UIF (4 marks).
• Discuss any five benefits provided for by the UIA. In your answer, you are also required to explain
the circumstances under which one could claim those benefits (10 marks).

NOTE: 20 marks are to be allocated for content and 5 marks are to be allocated for skill.

END OF BRIEF

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