05HA2100904

Name: Sade Stanley

ID number: 930409 0288 082

Cell phone number: 064 487 5895

Email address: [email protected]

Contact Centre: Boston City Campus Bellville

Student number: 05HA2100904

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Question 1:

1.1. Within the company, the management and control of the relationship between employers
and employees is referred to as industrial relations. It includes a broad range of tasks
including trade unions, agreement, conflict resolution, and the implementation of labour
laws and regulations. In a manufacturing organization like the text provided, setting fair and
competitive salaries is a crucial aspect of labour relations. It is essential that the business
pays its skilled labourers, technicians, and administrative staff fairly because they all have
varied skill sets and duties. This means negotiating competitive pay, benefits, and working
conditions with the industry while taking into consideration the contributions of each
individual employee.

The resolution of differences and disputes between employers and employees is a crucial
component of industrial relations. Grievances about unfair treatment, racial bias safety
issues, or other matters impacting the overall health of the workforce may fall within this
category. Industrial relations help to preserve a healthy work environment and stop
escalation into greater problems by presenting a process for addressing and settling these
differences in a fair and timely way. Industrial relations include not only negotiation and
conflict settlement but also the implementation and monitoring of labour laws and
regulations that specify both the rights and responsibilities of both employers and
employees. These laws guarantee that all parties are treated fairly and have access to the
required precautions and safeguards. They include topics like minimum wage, working
hours, health and safety requirements, and benefits for staff members.

In general, the dynamics and work environment of a manufacturing company that produces
car parts are significantly affected by industrial relations. The organization may cultivate
worker satisfaction, loyalty, and eventually success in the automotive parts market by
placing a high priority on good industrial relations procedures. Industrial relations protect
the rights and welfare of workers while promoting open communication, addressing issues
and conflicts, and upholding labour rules and regulations. These responsibilities allow
companies to run efficiently and successfully.

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1.2. When it comes to industrial relations, there are only 4 key features that need to be taken
into consideration.
 Broad V.S Specific perspective
 Various Role- Players
 Internal-External interactions
 Dynamic Concept

1.3 Both the employees and the business are having a lot of issues at the company,
Revvolution Motors (PTY) Ltd. Due to poor industrial relations. The constant struggle between the
managers and staff make work a lot more difficult, and it has a negative impact on the company’s
operations as well.

Firstly, workers are not happy due to feeling like they are being treated unfairly. They have asked
for a raised because they are working much longer hours than before and they also noticed that
the company is making more money. They also requested for the safety measures to be upgraded
or improved in the workshops, because they have health concerns. These workers are also
anxious and afraid of losing their jobs to machines that could replace them. Therefore, all of this
pressure and fear makes the workers reluctant to come to work. They also seem to be taking more
sick-leave days, and sometimes do not even show up. When this happens, there isn’t enough staff
to complete the work for the day, resulting in production slowing down and costing the company
money.

To make things worse, the employees at Revvolution Motors are considering going on a strike,
which would be extremely costly for the company. Also, now that the union is involved, everything
could get a bit more complicated. Overall, poor industrial relations make everyone unhappy and
make it difficult for the company to do its job effectively.

Question 2

Based on the provided scenario, Gilbert should qualify as an independent contractor instead of an
employee. He was hired to troubleshoot a law firm’s computer network, which suggests that this is
a specific task or project-based collaboration instead of an on-going employment relationship as it
is with direct employees. Due to there being a contractual agreement between the two companies
to focus on achieving the requested goal- to fix the network issues. This falls under the typical
relationship between an independent contract and their client or the company they are doing
business with.
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Independent contractors usually make use of their own tools and resources. Because Gilbert is
simultaneously overseeing another IT support contract, this gives the impression that he is free to
work for more than one company or client at a time. Which is also one of the characteristics of an
independent contractor.

According to Section 213 of the LRA, an employee is someone who works for another person in
exchange for compensation, whereas independent contractors work for a company for a specific
time under a contract and are paid a lump sum once the work is completed. Given Gilbert's
scenario, in which he works under contractual arrangements, uses personal tools, sets his own
schedule, and manages other projects at the same time, he is more likely to be categorized as an
independent contractor than an employee under South African law.

Question 3

3.1 A clear and straightforward job description is the essential element missing in the scenario
above. A job description is within that significant statement that outlines the tasks, obligations, and
expectations associated with a certain job company. The job description Xolani received did not
accurately represent the tasks required for his position as a "Junior Software Developer."

This discrepancy between the promised role and actual responsibilities left Xolani feeling
unsatisfied and insecure. Clear and accurate job descriptions are critical to establishing
transparency and clarity in the employment relationship. It gives both employer and employee a
clear understanding of job expectations, reducing the likelihood of future misunderstandings and
conflicts. When employees like Xolani realize that their actual tasks don’t match what was
originally communicated, it can lead to dissatisfaction, demotivation, and potential turnover.

Well-defined job descriptions improve employee happiness and retention by establishing

reasonable expectations from the start. Clearly defined job descriptions are critical for legal
compliance since they serve as the framework for assessing job performance, calculating
remuneration, and assuring compliance to employment rules and regulations.

In conclusion, a clear and accurate job description is an essential part of any employment
relationship. Its absence in Xolani's instance caused uncertainty, unhappiness, and a mismatch in
expectations, underscoring the significance of clearly describing job tasks and responsibilities in
job offers.

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3.2 The essential missing element in the scenario above is informed consent. Informed consent
refers to the understanding and agreement of both parties involved in a contract regarding the
terms and conditions outlined within it.

Because understanding of Contractual Terms: Kim signed the employment contract without fully
understanding the legal implications of the document. This indicates that she may not have been
adequately informed about the terms and conditions of her employment, including her rights,
responsibilities, and the consequences of breaking the contract. As a 16-year-old high school
student, Kim may not have had the legal capacity to fully comprehend the complexities of the
employment contract. In many areas, minors are considered to have limited legal capacity to enter
contracts, and special rules apply to contracts involving minors.

Informed consent is essential to ensure fairness and equity in contractual agreements. Both
parties should have a clear understanding of the terms they are agreeing to and should freely
consent to them without coercion or pressure. Informed consent empowers parties to make
informed decisions about their contractual obligations. Without understanding the terms of the
contract, Kim may feel trapped in a job that is negatively impacting her schoolwork and personal
life, highlighting the importance of ensuring that individuals are fully aware of the implications of
their contractual commitments.

In summary, the absence of informed consent in Kim's case raises concerns about the fairness,
legality, and ethicality of the employment contract. It is essential for individuals to have a clear
understanding of the terms and conditions of their employment before entering into contractual
agreements to protect their rights and interests.

3.3 The essential missing element in the scenario above is employment benefits for maternity
leave. Maternity leave is a crucial factor for women, yet Tracy's employment contract does not
include it, raising concerns about her rights and protections as an employee. In South Africa,
maternity leave is a required by law. Employers are often obligated to provide female employees
with a set amount of paid or unpaid maternity leave to give birth and care for their newborn baby.
Failure to include maternity leave arrangements in a contract of employment may result in
noncompliance with relevant laws.

Maternity leave is vital for assisting pregnant employees' health and well-being while also allowing
them to manage their job and home responsibilities. It enables female employees to take time off
from work before, during and after childbirth without worrying about losing their jobs or resulting in
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negative repercussions. Since maternity leave heavily impacts female employees, it may be
regarded discriminatory against them to exclude it from the employment contract. Employers must
respect the values of equality and non-discrimination in the workplace by giving every worker,
regardless of gender, the same chances, and advantages. Employers run the risk of compromising
the value of supporting employees' family responsibilities and causing unnecessary stress and
struggles for pregnant employees if they neglect to also include the maternity leave in the
employment contract.

In summary, the absence of maternity leave provisions in Tracy's employment contract raises
concerns about compliance with legal requirements, employee rights, gender equality, and work-
life balance. It is essential for employers to include maternity leave provisions in employment
contracts to ensure that female employees are adequately protected and supported during
pregnancy and childbirth.

Question 4

4.1 Alogma Steel (PTY) Ltd., has three main common law duties to their employees:

 The duty to accept employees into their service:

Employers are required to admit workers into perform the job service, which means they
have an obligation to give workers jobs and allow them to perform the job as outlined in
the contract of employment.
 The duty to remunerate their employees fairly:
It is the responsibility of the employer to appropriately pay their employees for the job
they perform. This responsibility includes paying workers’ wages and salaries that are
specific to the type the of job they do, their knowledge and experience and skills in the
market. To make sure that workers receive a fair salary in return for their work and
dedication to the company, fair salary or wage payment is crucial.
 The duty to provide their employees with a safe working environment:
It is the responsibility of the employer to create a secure workplace that is free from
potential dangers to workers' safety and wellbeing. This responsibility includes
recognizing and reducing workplace hazards with proper precautions, as well as putting
in place the required safety equipment and training, keeping machinery and equipment
in safe operating order, and putting safety protocols and procedures in place.
Maintaining a safe and stable workplace is essential for safeguarding employees' health,
safety, and wellbeing.

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4.2 The company has violated the duty to provide a safe working environment for their
employees. Under South African common law, employers are obligated to ensure a safe working
environment. Employers are required by law steps to protect their workers' health, safety, and
welfare while they are at work. This includes tracking and reducing potential risks in the workplace,
offering adequate safety gear and training, keeping machinery and equipment in safe working
condition, and putting in place the appropriate safety policies and procedures. In the scenario,
Algoma Steel (Pty) Ltd. has failed to fulfil its duty to provide a safe working environment for its
employees despite being aware of the high-risk nature of the work involved in steel manufacturing.
The company's cost-cutting measures, which have led to cutbacks in safety measures such as
maintenance of machinery, training programs, and provision of personal protective equipment
(PPE), have compromised the safety of employees.

Algoma Steel has broken its common law responsibility to provide a safe working environment by
failing to emphasize workplace safety and disregarding employee concerns about deteriorating
safety conditions. This failure may result in incidents, injuries, or even fatalities, endangering the
health and wellbeing of the workers.

4.3 The three common law remedies available would be the following:

1. Application for reinstatement

2. Resignation

3. Seeking damages

Question 5:

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5.1 The term "reasonably practical" refers to a standard used to determine the practicality and
fairness of measures or actions required to perform a duty or obligation. In the context of health
and safety regulations, such as those controlling workplace safety, the concept of "reasonably
practical" can be used to determine what steps an employer or duty holder should take to ensure
the health and safety of employees. “Reasonably practical" means that the measures or actions
considered necessary for health and safety must be feasible and reasonable.

Essentially, "reasonably practical" means that the measures or actions considered necessary for h
ealth and safety must be both feasible and reasonable, considering factors such as:

1. The severity of possible harm: determining the level of risk involved and the consequences of
failing to take action to reduce it.

2. The likelihood of the harm occurring: Assessing the likelihood of the identified risk manifesting
and causing harm.

3. Resource availability: Considering the cost, time, and effort required to implement measures.

4. Technological and scientific knowledge: Using up-to-date information and best practices to
inform safety-related decisions.

5. Industry knowledge: Considering established standards and practices within the relevant sector
or industry.

5.2. Section 17 of the OHSA, states that the employer must designate in writing, for a specified
period, a health and safety representative for the workplace.

5.3. Sipho is important for maintaining the health and safety of workers at Lion Brands (Pty) Ltd.
as the designated health and safety representative. Sipho will perform the following duties:

1. Review the Effectiveness of Health and Safety Measures: Sipho will regularly review the
effectiveness of existing health and safety measures implemented by the company. This
involves assessing whether these measures are appropriate in preventing workplace
hazards and protecting the health and safety of employees.

2. Identify Potential Hazards: Sipho will actively identify potential hazards in the workplace
that may pose as risks to the health and safety of employees. This includes conducting risk
assessments, observing work processes, and gaining input from employees to identify
potential sources of harm.
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3. Investigate Complaints by Employees: He will investigate any complaints made by

employees relating to their health and safety at work. This involves listening to employee
concerns, conducting inquiries into the nature of the complaints, and taking appropriate
action to address any identified issues.

4. Conduct Inspections at the Workplace: Sipho will conduct regular inspections of the
workplace to identify hazards, assess the effectiveness of control measures, and ensure
compliance with health and safety regulations. These inspections may include physical
inspections of work areas, equipment, and machinery, as well as reviewing safety
documentation and records.

5. Attend Meetings as a Representative: Sipho will attend meetings as a representative of

the health and safety committee. In these meetings, he will provide input on health and
safety matters, report on findings from inspections and investigations, and collaborate with
other committee members to develop and implement health and safety initiatives.

By performing these functions effectively, Sipho helps to ensure that Lion Brands (Pty) Ltd.
complies with the Occupational Health and Safety Act and maintains a working environment that is
safe and without risk to the health of their employees.

Question 6.

Annual leave and sick leave are types of leave granted to the employee by their employer, but
they serve different purposes and are used for different reasons. These two types of leave follow
different rules and regulations.

Annual leave:

 Is time off that is approved for leisure, relaxation or going away on holiday. It is meant to
give the employee the chance to take a break from work and to recharge and relax.
 This type of leave is usually accrued based on the length of time the employee has been
a part of the company. They accumulate a certain number of days or hours of annual
leave per month or year that they have worked for the company. And as the years go by
their leave availability may increase as well.
 Annual leave can be used for a variety of reasons such as holidays that have been
planned a few months in advance, they want personal time-off, or for many other non-
work-related reasons.
 It is paid time off.

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Sick Leave:

 Is meant to allow employees time off work when they are sick or injured and are unable
to perform their duties at work. Sick leave was designed to allow employees time to
recuperate and recover from their injuries without having to lose any of their wages.
 This type of leave usually runs in a three-year cycle of 30 days. However, for every 26
days worked the employee is entitled to 1 day of sick leave.
 Sick leave is usually used for doctors’ appointments and when you are unable to
physically do your job duties. Usually, a doctor’s note is required.
 Sick leave is usually also considered as paid time off.

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