MRL3702 – Labour Law, MRL3702, University of South
Africa (UNISA), 2024 – Study Unit 2 Summary on the
Impact of Common Law on Contracts of Employment
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 provide for paid leave) - does not prescribe form remuneration must take.
- to provide employee with work
- provide safe working conditions
-to deal fairly with the employee
-
DUTIES OF EMPLOYEES - correct answer -- to render services to the employer
- to work competently and diligently
- to obey lawful and reasonable instructions
- to serve the employer's interests and act in good faith
DOCTRINE OF VICARIOUS LIABILITY - correct answer -An employer is liable for the
unlawful and delictual acts of an employee performed during the course of business.
, Operation of this doctrine is regulated by the common law and not by labour
legislation.
Vicarious liability thus protects third parties
IN ORDER FOR THE EMPLOYER TO BE HELD LIABLE THE FOLLOWING THREE
REQUIREMENTS MUST BE MET - correct answer -1. there must be a contract of
employment
2. the employee must have acted in the course and scope of employment
3. the employee must have committed a delict
BEZUIDENHOUT NO v ESKOM - correct answer -1. employee provided with a trust,
marked as Eskom property for purpose of carrying out his duties
2. Employee had been expressly prohibited from giving lifts to any person without the
permission of his superiors
3. Employee offered a lift to hitchhiker and cause negligent accident during which
passenger suffered severe head injuries.
4. SCA held that the instruction not to carry passengers place a limitation on the scope
of employment.
5. Employer was not vicariously liable for the injuries sustained by the unauthorized
passenger because:
"the driver knew perfectly well that he was prohibited from giving a lift and had no
intention of furthering him aster's affairs by doing so, and the reality was that the
passengers presence added nothing to the interest of the employer in the proper
administration of its service."
Africa (UNISA), 2024 – Study Unit 2 Summary on the
Impact of Common Law on Contracts of Employment
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 provide for paid leave) - does not prescribe form remuneration must take.
- to provide employee with work
- provide safe working conditions
-to deal fairly with the employee
-
DUTIES OF EMPLOYEES - correct answer -- to render services to the employer
- to work competently and diligently
- to obey lawful and reasonable instructions
- to serve the employer's interests and act in good faith
DOCTRINE OF VICARIOUS LIABILITY - correct answer -An employer is liable for the
unlawful and delictual acts of an employee performed during the course of business.
, Operation of this doctrine is regulated by the common law and not by labour
legislation.
Vicarious liability thus protects third parties
IN ORDER FOR THE EMPLOYER TO BE HELD LIABLE THE FOLLOWING THREE
REQUIREMENTS MUST BE MET - correct answer -1. there must be a contract of
employment
2. the employee must have acted in the course and scope of employment
3. the employee must have committed a delict
BEZUIDENHOUT NO v ESKOM - correct answer -1. employee provided with a trust,
marked as Eskom property for purpose of carrying out his duties
2. Employee had been expressly prohibited from giving lifts to any person without the
permission of his superiors
3. Employee offered a lift to hitchhiker and cause negligent accident during which
passenger suffered severe head injuries.
4. SCA held that the instruction not to carry passengers place a limitation on the scope
of employment.
5. Employer was not vicariously liable for the injuries sustained by the unauthorized
passenger because:
"the driver knew perfectly well that he was prohibited from giving a lift and had no
intention of furthering him aster's affairs by doing so, and the reality was that the
passengers presence added nothing to the interest of the employer in the proper
administration of its service."
