Unit 4 - Labour Law

Question 1

Name the 4 Laws that regulate the Employment relationship.

Answer 1

1. Common-law
2. LRA
3. BCEA
4. EEA

Question 2

Name the 4 elements of fairness found in the LRA and the EEA.

Answer 2

1. Protection against unfair dismissal.
2. Protection against unfair Labour Practice.
3. Promotes Collective Bargaining.
4. Protection against unfair discrimination.

Question 3

Provide the definition for a Contract of Employment.

Answer 3

It is agreement between 2 parties where one party puts his Labour Practice at the disposal and control of another party in exchange for remuneration.

Question 4

What is the ESSENTIALIA of the contract of employment.

Answer 4

1. Work

2. Remuneration

Question 5

What does it mean to say the contract of employment is RECIPROCAL?

Answer 5

It means that both the employer and the employee have rights and duties.

Employee does work, but expects to get paid for it.
Give and take

Question 6

Explain the term FIXED-TERM contract.

Answer 6

A person is employed for a fixed amount of time or for the duration of a project. Once the time has expired or the project is finished, the contract expires automatically.

Question 7

Explain the meaning of the word VICARIOUS.

Answer 7

Experienced in the imagination through the feelings or actions of another person.

“this catalogue brings vicarious pleasure in luxury living”
synonyms: indirect, second-hand, secondary, derivative, derived, at one remove, surrogate, substitute,

Question 8

Provide the definition for VICARIOUS LIABILITY.

Answer 8

An employer may be held liable for the actions of his employees within the scope of their duties.

Question 9

Provide the 3 prerequisites for VICARIOUS LIABILITY.

Answer 9

1. A Contract of employment must be in place.
2. It must have been an unlawful conduct.
3. The unlawful act must have taken place within the scope of their duties.

Question 10

Provide the DEFINITION OF AN EMPLOYEE.

Answer 10

• Must work for another
• Must receive remuneration
• Must assist in conducting the business of an employer.

Question 11

Name the 5 different types of employees.

Answer 11

1. Casual employee
2. Temporary employee
3. Permanent employee
4. Probationary employee
5. Senior Managerial employee

Question 12

What is the DEFINITION FOR COLLECTIVE BARGAINING.

Answer 12

Employees and Trade Unions use it to bargain for better rates and working conditions from their employer.

Question 13

What are the 2 pre-conditions for COLLECTIVE BARGAINING.

Answer 13

1. Employee must be allowed to belong to a trade union → freedom of association
2. Trade union are allowed to establish a presence in the workplace.

Question 14

Provide 3 requirements of a strike as set out by the LRA.

Answer 14

1. It must involve certain acts by the employees such as refusal to work.
2. This action must be collective. Thus, a strike cannot be taken by one person.
3. It must be driven by a specific common purpose.