LLW2601
Assignment 2 Semester 1 2025
Unique #:
Due Date: 25 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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.
However, Section 6(1)(a) of the BCEA excludes senior managerial employees
from the provisions dealing with working hours, overtime, rest periods, and
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 1 2025
Unique #:
Due Date: 25 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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.
However, Section 6(1)(a) of the BCEA excludes senior managerial employees
from the provisions dealing with working hours, overtime, rest periods, and
Varsity Cube 2025 +27 81 278 3372
