MRL3702 - EXAM questions and answers with detailed and verified solutions and graded A+

LIST THE FOUR COMMON LAW DUTIES OF THE EMPLOYER AND THE FOUR COMMON LAW DUTIES OF THE EMPLOYEE - ANSEmployer : 1. To remunerate the employee 2. To provide the employee with work 3. To provide safe working conditions 4. To deal fairly with the employee Employee: 1. To render services to the employer 2. To work competently and diligently 3. To obey lawful and reasonable instructions 4. To serve the employer's interests and act in good faith (also called a 'fiduciary duty') LIST SIX ACTIONS THAT ARE DEFINED AS "DISMISSAL" IN SECTION 186 (1)(a) to (f) - ANS(a) an employer has terminated a contract of employment with or without notice; (b) an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; (c) an employer refused to allow an employee to resume work after she- (i) took maternity leave in terms of any law, collective agreement or her contract of employment; or (ii) was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child; (d) an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; or (e ) an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee. (f) an employee terminated a contract of employment with or without notice because the new employer, after a transfer in terms of section 197 or section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer. LIST FIVE OF THESE JUSTIFIABLE CIRCUMSTANCES FOR MEDICAL TESTING OF EMPLOYEES - ANSlegislation permits or requires the testing, or it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits, or the inherent requirements of a job.