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ASSIGNMENT

Semester 1 2024
Module name INTRODUCTION TO LABOUR LAW
Module Code LLA100/152
Due date 22 APRIL 2024
Total Marks 75

This assignment is compulsory and must be submitted through CANVAS,


inside the corresponding Module Class Course on or before 22 April 2024 by
24:00.

STEP 1: COMPLETING YOUR ASSIGNMENT


Your assignment answer must include the following sections:

COVER PAGE
Please include the following information on the first page of the assignment:
Name, Surname, Student Number and Module Code.

BODY
1. The assignment answers must be typed in MS Word format and saved as a
PDF document (File > Save As > Save as Type: PDF).
2. Save your file (MS Word or PDF) with the following naming convention:
[STUDENTNUMBER] [MODULECODE] [SURNAME].pdf
E.g. 21111234 BCU101 Surname.pdf

LIST OF REFERENCES
Refer to the STADIO Referencing guide HERE for guidance.

©STADIO Assignment – 2024 Semester 1 LLA100/152 Introduction to Labour Law


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Once you have completed your assignment and saved it, you must log in to CANVAS
to submit your assignment by the due date.
IMPORTANT: Ensure that you submit your assignment answers on or before the due
date and time.

STEP 2: SUBMITTING YOUR ASSIGNMENT ON CANVAS


Once you have completed your assignment, log in to CANVAS as follows:

1. Log in to CANVAS using your MySTADIO details:


(Username: studentnumber@stadioDL.ac.za and Password: ID number)
2. A specific course inside of CANVAS for each of your modules has been created
for you to submit your Assignment to. Select the desired module from the
dashboard.
3. Submit your assignment before the end of the due date.

PLEASE ENSURE THAT THE ANSWER THAT YOU SUBMIT IS IN MS WORD OR


PDF FORMAT. NO SCANNED DOCUMENT WILL BE MARKED.

• The process detailed above is the same on a personal computer and mobile
device. You will, however, need to ensure that you have saved your completed
assignment on the mobile device and have downloaded the CANVAS Student
Application before attempting to submit.
• You do not require a CANVAS class ID and enrolment key to access your
registered module class, as you have been allocated to the class based on your
registration. If you do not see your module class appear, please contact the office
for assistance.
• If you experience any difficulties during the submission process – after reading
through the guide and attempting the prescribed steps – please do not hesitate to
contact the office for assistance.

©STADIO Assignment – 2024 Semester 1 LLA100/152 Introduction to Labour Law


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Question 1 (25 marks)

A Labour Law expert needs to be familiar with the essential elements/requirements for
a valid contract of employment. You are requested by a client to compile a basic contract
of employment.

1.1 Before you can compile the contract you must ensure that you are familiar with
all the requirements for a valid contract. Explain these requirements to your
client. (5)

1.2 Compile a basic contract of employment for your client. You can improvise facts.
(10)

1.3 A person, Mr A, works for a company. He can only claim remuneration after a
specific task was completed and did not receive a salary. No PAYE was
deducted. Thus, he was paid for production rather than service time. Compile
an opinion on whether this person is an employee or independent contractor.
Make use of relevant case law to motivate your answer. (10)

Question 2 (10 marks)

Ms A applied for a job at an advertising agency. She was by far the best-qualified
applicant for the job. She was seven months pregnant. Her application was unsuccessful
and she referred a dispute about her non-appointment to the CCMA for conciliation and
then to the Labour Court for adjudication. Will she succeed in claiming unfair
discrimination? Explain the situation referring to relevant case law.

Question 3 (10 marks)

The Employment Equity Act 55 of 1998 was amended in September 2023. Discuss the
amendments and whether you think this will have a positive or negative influence on the
labour market.

©STADIO Assignment – 2024 Semester 1 LLA100/152 Introduction to Labour Law


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Question 4 (10 marks)

Mr A was an employee at a Catering shop XZY. On two occasions he attempted to steal


food. He was stopped before he could remove food from the premises. On a third
occasion he stole catering equipment and some secret spices that the XYZ used in
preparing food. The contents of these spices are a kept secret. When the manager
confronted him, he admitted guilt and was dismissed without a hearing. When he
objected to the dismissal, he was informed that a hearing would have made no difference
since he already admitted guilt. Is the dismissal of Mr A fair or unfair? Explain and refer
to decided cases to substantiate your argument.

Question 5 (20 marks)

Company ABC is a small company that deals in fresh produce. It stays open seven days
a week to compete with bigger retail stores. As a result, the employees regularly work
overtime. During the wage negotiations, the employees demanded a salary increase of
14%. If their demand was not met, they threatened to stop working overtime. The
employees indeed stopped working overtime and as a result of this, the store started
losing a lot of business. Advise the employer Mr D on the following.

5.1 Would you consider termination of the employee’s contracts based on


operational requirements? Explain and motivate your answer. (10)

5.2 It is the first time that Mr D is confronted with a strike. Explain to him what a
strike entails, the difference between a protected and unprotected strike and
the requirements that must be met before a strike will be protected. (10)

Assignment Total: 75 Marks

©STADIO Assignment – 2024 Semester 1 LLA100/152 Introduction to Labour Law


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