MRL3702 EXAM STUDY GUIDE 2026
QUESTIONS WITH SOLUTIONS GRADED A+
◉ DUTIES OF EMPLOYERS. 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. 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. 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. 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. 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
QUESTIONS WITH SOLUTIONS GRADED A+
◉ DUTIES OF EMPLOYERS. 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. 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. 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. 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. 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
