UNIVERSITY EXAMINATIONS

May/June 2023
Exam

MRL3702

Labour Law

100 Marks

Duration: 4 Hours
This paper consists of 11 pages

INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE

EXAMINATION QUESTIONS.

INSTRUCTION:

1. The examination question paper counts 100 marks.

2. It consists of FOUR sections. Answer ALL the questions.

3. The scheduled duration of the examination on the timetable is FOUR hours.

4. In addition to the duration of the examination indicated on the timetable, you are given 30
minutes to FINALISE the uploading of your exam file. Your exam file must be uploaded
via the myExams platform on 12 MAY 2023 BEFORE 12h30 (South African Standard
Time).

5. This is an open-book examination. You may consult your prescribed study material
during the examination.

6. This examination is proctored via the Invigilator App. You are required to activate the
Invigilator app between 07h45 and 08h30 (South African Standard Time).
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The QR CODE is below:

6.1. Please note: If a student is found to have been outside the invigilator app for a total of 10
minutes during their examination session, they will be considered to have violated Unisa's
examination rules and their marks will be withheld.

6.2 You only get 15 minutes after the due time to submit your script on the Invigilator
App
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6.3 Students have 48 hours from the date of their examination to upload their invigilator
results from the Invigilator App. Failure to do so will result in students deemed not to
have utilised the invigilation or proctoring tools.

7. Your exam file must be uploaded on the myExams platform.

7.1 When ready to submit, open the Take-Home (Assignment) assessment again and click on
the Add Submission button. Note: You only get 15 minutes after the due time to submit
your script on the Invigilator App and 30 minutes on the myExams portal.

7.2. Note the file requirements such as:

a. File size limit.
b. Number of files that can be submitted.
c. File formats allowed.

7.3. Check the acknowledgment checkbox and upload your answers document and then
click on the Save changes button.
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7.4. Review your submission information regarding the status and click on your submission
file link to check if it's correct.

7.5. If you need to resubmit a file, you can click on the Edit Submission button. Note: You will
need to delete any existing files.
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7.6 Use proper PDF conversion software to create the final file for upload. Free PDF
conversion software is available on the Internet.

7.7 Add your student number and the module code in the file name. That will assist you to
select the correct document to upload during submission.

7.8 You are advised to preview your submission (answer script) to ensure legibility and that
the correct answer script file has been uploaded.

8. The cover page for your take-home exam must include your name, student number and
the module code.

9. It is preferred that your take-home exam is typed. However, handwritten submissions will
also be accepted. If the take-home exam is typed, the maximum length is 10 pages (which
includes the cover page and the bibliography). If the take-home exam is handwritten, the
maximum length is 15 pages (which includes the cover page and the bibliography).

10. Whether your answers are typed or handwritten, your submission on the myExams
platform on Moodle must be made in the form of one PDF document. Only the last file
uploaded and submitted will be marked.

10.1 The exam answer file that you submit must not be password protected or uploaded as a
“read only” file.

10.2 Your examination answer file will not be marked if:

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10.2.1 you send your examination answer file via email.

10.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
10.2.3 you submit your exam answer file on an unofficial examination.
10.2.4 you submit your examination answer file in the incorrect file format.
10.2.5 you submit a password-protected document.
10.2.6 you submit your examination answer file late
10.2.7 you submit your answer file from a registered student account that is not your own.

10.3 The mark awarded for an illegible examination answer file submission will be your final
mark. You will not be allowed to resubmit after the scheduled closing date and time of the
exam.

11. If your answers are typed, ensure that the following requirements are adhered to. Items
11.3-11.6 applies to written assignments as well.

11.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.

11.2 The text must be justified.

11.3 All of the pages must be numbered in the right-hand corner at the bottom of the page.

11.4 All margins must be 2.5cm, but the left margin must be 3cm.

11.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.

11.6 Do not use abbreviations or SMS language.

11.7 All quotes that are two lines long (or less), must form part of the main text, be written in
italics, and be bracketed by quotation marks. Where a quotation is longer than two lines,
it must be typed in a separate paragraph in italics in size 11 font and must be indented by
1 cm. No quotation marks are required when the quotations stand alone. Use quotations
very sparingly. In this take-home exam, a maximum of 5% of the text may be quoted.

12. When answering the take-home exam questions, remember that an open-book exam is a
test at a higher level than the usual type of exam, where memory is tested as much as
insight. In an open-book exam, you need not memorise any information. You are expected
to prove that you can use information, rather than merely repeat it. In brief, what is being
tested is factual knowledge, understanding and the correct application thereof, not
memory skills. For this reason, you do not earn marks by merely detailing a list of all the
information that you think might be relevant to a particular question. This gives no
indication that you know what statutory or other provisions are applicable in a specific
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context. You are expected to identify precisely what information applies, and then explain
why you think so.

12.1 Also, because you have the guide available when answering questions, we do not give
marks for direct quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles to
the questions.

12.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY
OTHER SOURCE).

12.3 The arguments that you make must be logical, well-structured and substantiated by all of
the relevant legal principles. Use the time given wisely.

12.4 Ensure that you give reasons for each answer. Substantiate your answers by referring to
ALL of the relevant authorities, e.g. sections from relevant legislation and/or court cases
in the text or in your footnotes.

12.5 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the
area of work where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those principles that relate to the given facts. Next,
apply these principles to the facts. This is where most of the students lose marks - they
set out the law in some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.

13. You must complete the online declaration of own work when submitting.

13.1 By ticking the Honesty Declaration, you confirm that you have read (i) the
University’s Policy on Copyright Infringement and Plagiarism and the Student Disciplinary
Code, which are both available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the
information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules.

13.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of academic
integrity, and students who do plagiarise or copy verbatim from published work will be in
violation of the Policy on Academic Integrity and the Student Disciplinary Code and may
be referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any
other forms of academic dishonesty.
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13.3 Unless a student is exempted because of disability or incarceration, students who have
not utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s
examination rules and will have their marks withheld.

PLEASE NOTE:

If you experience challenges with the Invigilator app, please send a WhatsApp message to the
technical helpdesk on 073 505 8273. Do not contact the lecturers.

For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
[email protected] or refer to Get-Help for the list of additional contact numbers.
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QUESTION 1

1.1 Whilst Donkie and Pere agree that an employment contract may be ended through
a dismissal, they are of the view that an employment contract may also be
terminated in other different forms.

Discuss different forms in which an employment contract may be terminated and

give an example of each. (10)

1.2 The employer’s common law duties include providing employees with work and to
pay them for having done the work. This is how the ‘no work, no pay’ principle
came about.

Assume that Lebitso and Lebona, employees of MG Dairies (Pty) Ltd (MGD)
reported to work the whole week but were not able to render their services
because MGD ran out of milk to continue with the production.

Discuss whether MGD has an obligation to pay Lebitso and Lebona for the week
during which they did not render their services. (5)

1.3 Define the concept ‘unfair labour practices’. (10)

[25]
QUESTION 2

2.1 Piet is a medical graduate from Cuba. Six years after completion of his studies,
Piet has not been fortunate to get a job opportunity. On the 1 st April 2023, he
receives a call from a friend, who is an HOD at Bophelong Hospital (BH), to attend
an interview. It emerged during the interview that Piet is HIV positive. After the
interview, Piet was informed that he scored the highest points, but that due to his
HIV status, the Hospital cannot offer him a job. This is because the nature of the
job includes physical contact with patients, some of who may have open wounds
and are therefore at a high risk of infection. Piet felt defeated and decided to take
his sorrows to alcohol abuse. Piet shared his ordeal with you.

Write a one and half page legally supported opinion explaining the position and or
the protection of the law, which Piet or BH may have in this situation. Your opinion
should also cover the fairness of the action by BH and, any legal remedies
available to Piet. (25)

[25]
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QUESTION 3

3.1 The LRA recognises three grounds of dismissal. For each of these grounds of
dismissal, there is also a relative procedure to follow in order for the dismissal to
be fair. Assume that the employer wishes to retrench employees because of the
unfavourable economic climate. In terms of section 189 (2) of the LRA the
employer is required to consult and to engage in a meaningful joint consensus-
seeking process with the affected employees or their trade union and attempt to
reach consensus on a number of topics.

Answer the following questions with reference to relevant legal authority

(i) Explain what those topics are? (12)

(ii) Distinguish between these acronyms: ‘LIFO’ and ‘FIFO’? (5)
(iii) What are the three grounds of dismissal that are recognised by the LRA?
(3)
3.2 Define the concept ‘protest action’. (5)

[25]

QUESTION 4

4.1 Rabasotho Municipality (RM) and Basotho Workers Union (BWU) began salary
increase negotiations in early January 2021. Initially RM offered a 6% across the
board increase whilst BWU demanded 15%. Eventually, the parties agreed on a
10% increase, which will run for two more years. A collective agreement was
concluded and duly signed by the parties.

Answer the following questions with reference to relevant legal authority:

(i) Define the concept ‘collective agreement’. (5)

(ii) Assume that food and transport price increased in 2022 such that BWU felt
that a 10% increase will not take them far. BWU want to negotiate for a
further 2% increase for 2022. Discuss the lawfulness of BWU’s latest
demand and the possible defence RM may have. (5)
(iii) Assume that RM rejects BWU's demand and the latter resorted to a strike.
RM is advised to dismiss BWU members for they are involved in an
unprotected strike. Discuss the procedure which RM must follow if it
considers the dismissal of these employees for engaging in an unprotected
strike. (10)
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(iv) Advise whether the employer whose employees are on a strike is allowed
to hire temporary employees to keep the business operational. (5)

[25]
TOTAL: [100]

FIRST EXAMINER : ADV KL KUBJANA

SECOND EXAMINER : PROF ME MANAMELA

©
UNISA 2023