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LLW2601 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured LLW2601 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... 1.1Mr Lampert: “Counsel, can you please explain to me what the employment law consequence of Ms Goolam’s use of GenAI to draft the report is? (4) 2. HCTE Chairman: “Counsel, I can see that in one of the annexures to the IR, Ms Goolam suggests her resort to GenAI was because of the allegedly unreasonable working hours which she claims violate the law. Kindly tell me what law and legal provision(s) regulate working hours and explain if Ms Goolam’s claim is correct in terms of that law?” (4) 3. HCTE Deputy Chairwoman: “I am concerned, Counsel, that Ms Goolam claims to have experienced depression and bullying but the MTE did not address the issue. What does the law say about this issue, and can the MTE be found liable for this alleged failure?” (12

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LLW2601
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 25 April 2025
QUESTION 1

1.

The employment law consequences of Ms Goolam’s use of Generative Artificial Intelligence
(GenAI) to draft the report may constitute misconduct and breach of workplace policies,
particularly if the MTE has clear rules prohibiting the use of unapproved tools, including AI,
for work tasks.

Under South African labour law, specifically the Labour Relations Act 66 of 1995,
misconduct that undermines trust in the employment relationship — such as dishonesty,
falsification of work outputs, or misrepresentation — may justify disciplinary action, up to and
including dismissal, depending on the severity of the offence and the circumstances
surrounding it.

In this case:

Ms Goolam knowingly submitted a report that included fabricated sources and content
produced by GenAI, which was misleading and deceptive


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QUESTION 1

1.

The employment law consequences of Ms Goolam’s use of Generative Artificial
Intelligence (GenAI) to draft the report may constitute misconduct and breach of
workplace policies, particularly if the MTE has clear rules prohibiting the use of
unapproved tools, including AI, for work tasks.

Under South African labour law, specifically the Labour Relations Act 66 of 1995,
misconduct that undermines trust in the employment relationship — such as
dishonesty, falsification of work outputs, or misrepresentation — may justify
disciplinary action, up to and including dismissal, depending on the severity of the
offence and the circumstances surrounding it.

In this case:

 Ms Goolam knowingly submitted a report that included fabricated sources and
content produced by GenAI, which was misleading and deceptive.

 This not only violated internal policies but also potentially damaged the
credibility of the Department before Parliament.

 Her actions can therefore be classified as gross misconduct, especially given
her senior position and the public nature of her responsibilities.

Thus, the use of GenAI in this context — without authorisation and in violation of
policy — may be grounds for serious disciplinary action, including termination of
employment.



2.

The law that regulates working hours in South Africa is the Basic Conditions of
Employment Act 75 of 1997 (BCEA).

Specifically, Section 9(1) of the BCEA provides that the maximum normal working
time for an employee is 45 hours per week, unless the employee falls within an
exclusion.

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