LLW2601_ Exam Questions & Answers 2021.

LLW2601_ Exam Questions & Answers 2021. Sarah is employed as an assistant manager at XX Clothing Company. Her contract of employment states that she will be on probation for a period of 10 months. Four months after starting to work for XX Clothing Company, Sarah informs the employer that she will need maternity leave as she is pregnant. The employer advises her that her contract of employment is terminated for the following two reasons: She is still on probation and She failed to disclose the fact that she was pregnant when she was offered the job. Discuss the difference between an unfair labour practice in terms of the LRA and the right to fair labour practices in terms of the Constitution of the Republic of South Africa, 1996. o Constitution o “Everyone has the right to fair labour practices”.  It is wide and protects ‘everyone’, in other words, also workers who are not employees in terms of the LRA. o LRA o “Every employee has the right not to be… subjected to [an] unfair labour practice.  It is limited to the list of actions included in the definition of an unfair labour practice;  It protects employees against specific action by employers  An employee cannot commit an unfair labour practice towards an employer, only an employer can commit an unfair labour practice towards an employee. Sarah is employed as an assistant manager at XX Clothing Company. Her contract of employment states that she will be on probation for a period of 10 months. Four months after starting to work for XX Clothing Company, Sarah informs the employer that she will need maternity leave as she is pregnant. The employer advises her that her contract of employment is terminated for the following two reasons: She is still on probation and She failed to disclose the fact that she was pregnant when she was offered the job. Section 6(2) of the EEA provides two grounds of justification for alleged unfair discrimination. List these two grounds. o Affirmative action; and o Inherent job requirements Downloaded by: terryward1205 | Distribution of this document is illegal S - The study-notes marketplace Sarah is employed as an assistant manager at XX Clothing Company. Her contract of employment states that she will be on probation for a period of 10 months. Four months after starting to work for XX Clothing Company, Sarah informs the employer that she will need maternity leave as she is pregnant. The employer advises her that her contract of employment is terminated for the following two reasons: She is still on probation and She failed to disclose the fact that she was pregnant when she was offered the job. List the six forms of dismissal that fall within the meaning of dismissal in terms of section 186(1) of the LRA. o Resignation by the employee o Termination on completion of an agreed period or task o Termination by mutual agreement o Termination on grounds of impossibility of performance o Termination as a result of insolvency of the employer o Termination as a result of retirement Mr Bond is employed by On Point Couriers as a driver. One day when coming back from making deliveries in Limpopo, Mr Bond bumps into Mrs Mafa's car. The repairs to the car amount to R25000. Advise Mrs Mafa on the requirements that must be met in order for ""On Point Couriers"" to be held vicariously liable for the accident caused by Mr Bond.  Requirements to be met: o There must be a contract of employment (employer / employee relationship) o The employee must have acted in the course and scope of employment, and o The employee must have committed a delict  Mrs Mafa will be successful with a claim for vicarious liability as: o Mr Bond is an employee of ON Point Couriers o Mr Bond was making deliveries for On Point, so he was in the course and scope of employment o Mr Bond committed a delict when he collided with Mrs Mafa Mr Bond is employed by On Point Couriers as a driver. One day when coming back from making deliveries in Limpopo, Mr Bond bumps into Mrs Mafa's car. The repairs to the car amount to R25000. Will your answer be different if the accident happened after hours? Provide a reason for your answer. o If Mr Bond was working late and it was after hours, then the answer will be the same. o However, if Mr Bond was no longer on duty, therefore not acting in the course and scope of his employment, then the answer will be different. o Then, there will be no vicarious liability. Downloaded by: terryward1205 | Distribution of this document is illegal S - The study-notes marketplace Only members of designated groups who are "suitably qualified" can benefit from affirmative action. Which factors must the employer take into consideration to determine whether a person is suitably qualified for a job? o A member of a designated group must be “suitably qualified” to benefit from affirmative action. “Suitably qualified” means one of four things: • having formal qualifications; • having prior learning; • having relevant experience; or • having the capacity to acquire, within a reasonable time, the ability to do the job. o Remember that a person may be “suitably qualified” as a result of any one or a combination of these factors. Jane was employed by PQM (Pty) Ltd as a typist. Jane's manager, Lennox, always insulted her by calling her an idiot. At one stage Lennox shouted at Jane that he did not like her and intended to dismiss her. As a result Jane resigned and now claims that she was dismissed. Advise Jane on the validity of her claim and also on what she will have to prove in order to succeed with her claim. o The following three elements must be present to succeed with a claim for constructive dismissal: o The employee must show that she / he has resigned; o The employee must show that the reason for the resignation was that continued employment became intolerable, and o The employee must show that it was the employer’s conduct that created the intolerable circumstances. o The facts of every case must be analysed in order to determine whether the conduct by the employer was mere irritation or insult, or whether it really made continued employment intolerable. Downloaded by: terryward1205 | Distribution of this document is illegal S - The study-notes marketplace XX (Pty) Ltd is a company which manufactures and sells ceramic tiles. XX employs 200 employees. A newly established company, ZZ (Pty) Ltd, situated about 2km from XX, also sells ceramic tiles but at a cheaper price. XX is experiencing financial losses due to a drop in sales, and has no option but to dismiss some of its employees for operation reasons. XX contemplates reducing its workforce by 22 employees. In light of the above facts, answer the following question: Discuss the meaning of the concept "operational requirements". o The LRA defines the term “operational requirements” and the definition distinguishes between the following four categories: o The employer’s economic needs: this relates to the financial position of the enterprise, including financial difficulties experienced by the business as a result of changes in the market, a decrease in demand for its products and a decrease in production itself. o Technological needs: this relates to the introduction of new technology, for example, machinery/computers that lead to the redundancy of employees. o Structural needs: this relates to the redundancy of posts consequent to the restructuring of an employee’s enterprise, which might be, for example, as a result of a merger. o Similar needs: this constitutes a broad category that has to be determined with reference to the specific circumstances of each case.