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MRL3702 EXAM PACK 2024
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LATEST EXAM PACK QUESTIONS AND ANSWERS AND SUMMARIZED NOTES FOR EXAM PREPARATION UPDATED FOR 2024 EXAMS.
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MRL3702EXAM PACK
2024
LATEST EXAM PACK QUESTIONS AND ANSWERS
AND SUMMARIZED NOTES FOR EXAM
PREPARATION UPDATED FOR 2024 EXAMS.
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MRL3702
January/February 2022
QUESTION 1
(a) In a maximum of one A4 page, demonstrate with reference to two court decisions
how the principle of constructive dismissal works in an employment environment.
(15)
(b) Tiny is an employee of the Diamond Shapes (Pty) Ltd (‘DS’). DS cuts and shapes
diamond stones and sells them as wedding rings, earrings and necklaces. DS
experienced several theft incidents and the last one was in 2017. The employer
initiated investigations and the findings pointed at Tiny as the culprit because, in
all incidents no door or window was broken. DS sent Tiny the investigation report
via email with the following message - ‘based on the information in the attached
report, please be informed that you are dismissed with immediate effect.’
With reference to the relevant legal authority, advise whether Tiny’s dismissal can
stand in the CCMA or the Labour Court and whether there is any legal remedy for
Tiny. (10)
[25]
QUESTION 2
Maria is employed as a driver at Pholo Heart Hospital (‘PHH’). She delivers donated heart
organs, medication and documents between heart hospitals in and around provinces in
South Africa and earns R100 000 a month. In her contract of employment there is a
condition that, except for the observance of traffic signs and directions, drivers must only
stop at hotels or fuel stations because of the sensitive nature of the deliveries. For longer
distances, the employer often gives her an allowance to enable her to make bookings in
hotels in order to eat, sleep and continue with the trip the following day when she is
refreshed. This is meant to ensure that she does not continue driving even when she is
tired. On the 1st June, she had to make a delivery in Gqeberha, the place she found to
be very rural with only two-way and potholed routes which made her journey even longer.
She decided to pull over to the roadside in order to stretch her legs and to smoke. After
smoking she threw away the cigarette stub unaware that it was still burning, and a fire
broke out burning about seven hectares of wheat belonging to Ms Sara van der Merwe
(‘Sara’). The wheat was due for harvesting in a fortnight. Sara claimed damages for her
burnt wheat from PHH, however, PHH refused because, all drivers can only stop at hotels
or fuel stations.
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MRL3702
January/February 2022
Answer the following questions:
(i) With reference to the relevant legal authority, advise if there is any legal
possibility that Sara can successfully claim damages against PHH. Explain how
and why? (15)
(ii) Assume that PHH overpaid Maria with an amount of R20 000 on her salary for
July 2021 and in September PHH decided to pay Maria R20 000 less on her
salary in order to recover the July overpayment. Maria is unhappy about this
and when she complained to PHH, she was told that she was unduly enriched
through the July overpayment. With reference to the relevant legal authority,
advise Maria whether the deduction by PHH was lawful. (10)
[25]
QUESTION 3
Spring Spark (Pty) Ltd (‘SS’) runs a flower plantation in Mpumalanga and sells the
produce to a number of hotels in South Africa. It has nine (9) branches in South Africa
and employs three hundred and fifty (350) employees countrywide who work in the
plantation, harvest and deliver the produce to hotels. To become the success, it is, SS
put a clause in all its employees’ contracts which states that ‘employees must not engage
in any strike action and must also never be members of any trade union’. The inclusion
of this clause in the contract is informed by the belief it holds that, strikes negatively affect
production and reduce business profitability, whilst trade unions generally interfere with
the administration of businesses.
Discuss the lawfulness of the clause above with reference to the employees’ labour rights
in terms of the Constitution and the LRA. [25]
QUESTION 4
The South African Police Service (‘SAPS’) members who were deployed to prevent
further lootings in Gauteng and Kwazulu-Natal were neither paid an extra amount nor the
annual increment as provided in terms of a collective agreement. Attempts to get the
employer to pay them failed. After following the section 64(1) of the LRA procedure, the
SAPS members engaged in a strike in order to force the employer to pay them.
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MRL3702
January/February 2022
Answer the following questions with reference to the relevant legal authority:
(i) Discuss whether the strike in the circumstances above will be protected. (5)
(ii) Under which circumstances would the employees not be required to follow
the section 64(1) of the LRA procedure in order to engage in a protected
strike? (10)
(iii) What are the consequences available in case of an unprotected strike? (10)
[25]
TOTAL: [100]
©
UNISA 2021
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