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MRL3702 - EXAM MAY / JUNE 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM MAY / JUNE 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM MAY / JUNE 2024 | Questions And Answers Latest {2024- 2025} A+Graded | 100% Verified
LIST THE FOUR COMMON LAW DUTIES OF THE EMPLOYER AND THE FOUR COMMON LAW DUTIES OF
THE EMPLOYEE - Employer :
1. To remunerate the employee
2. To provide the employee with work
3. To provide safe working conditions
4. To deal fairly with the employee
Employee:
1. To render services to the employer
2. To work competently and diligently
3. To obey lawful and reasonable instructions
4. To serve the employer's interests and act in good faith (also called a
'fiduciary duty')
LIST SIX ACTIONS THAT ARE DEFINED AS "DISMISSAL" IN SECTION 186 (1)(a) to (f) - (a) an employer has
terminated a contract of employment with or without notice;
(b) an employee reasonably expected the employer to renew a fixed term contract of employment on
the same or similar terms but the employer offered to renew it on less favourable terms, or did not
renew it;
(c) an employer refused to allow an employee to resume work after she-
(i) took maternity leave in terms of any law, collective agreement or her contract of employment; or
(ii) was absent from work for up to four weeks before the expected date, and up to eight weeks after
the actual date, of the birth of her child;
(d) an employer who dismissed a number of employees for the same or similar reasons has offered to
re-employ one or more of them but has refused to re-employ another; or
(e ) an employee terminated a contract of employment with or without notice because the employer
made continued employment intolerable for the employee.
(f) an employee terminated a contract of employment with or without notice because the new
employer, after a transfer in terms of section 197 or section 197A, provided the employee with
, conditions or circumstances at work that are substantially less favourable to the employee than those
provided by the old employer.
LIST FIVE OF THESE JUSTIFIABLE CIRCUMSTANCES FOR MEDICAL TESTING OF EMPLOYEES - legislation
permits or requires the testing,
or it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution
of employee benefits, or the inherent requirements of a job.
EXPLAIN WHAT JOINTLY AND SEVERALLY LIABLE MEANS - Joint and several liability means that the
employee can satisfy her/his claim
by taking action against the employer and the client but the employee must
start with the employer. If she/he does not perform, the employee can take
action against the client.
DISTINGUISH BETWEEN THE FOLLOWING FORMS OF SEXUAL HARASSMENT: "VICTIMIZATION", "QUID
PRO QUO HARASSMENT" AND "SEXUAL FAVOURITISM" - Victimisation
An employee is victimised or intimidated for
failing to submit to sexual advances
Quid pro quo harassment
Employment circumstances, for example, promotion or an increase, are influenced by the
employer, manager or a co-employee to coerce
an employee to surrender to sexual advances
Sexual favouritism
A person in a position of authority in the workplace
rewards only those who respond to her/his sexual advances.
LIST THE TERMS AND CONDITIONS OF EMPLOYMENT THAT ARE NON-VARIABLE CORE TERMS IN TERMS
OF THE BCEA - 1. 4 MONTHS MATERNITY LEAVE
2. MAXIMUM WORKING HOURS
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