LLW2601 Assignment 2 Due 13 September 2024 (Detailed Answers)
18 views 0 purchase
Course
Individual Labour Law
Institution
University Of South Africa
Book
Essential Labour Law
The Question
QUESTION 1 THE ANSWER FOR QUESTION 1 MUST NOT EXCEED 2 (TWO) PAGES.
YOU MUST CAREFULLY READ THE SCENARIO BEFORE YOU TRY TO ANSWER IT.
Vatiswa works for Tseba Taba Tsago Professionals (TTP). TTP employs people whose
services it avails to its own clients in exchange for an agreed ...
MRL3702 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 16 August 2024
MRL3702 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (165283) - DUE 12 April 2024
MRL3702 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (165283) - DUE 12 April 2024
All for this textbook (13)
Written for
University of South Africa
Individual Labour Law
All documents for this subject (35)
Seller
Follow
GeniusGears
Reviews received
Content preview
LLW2601
Assignment 2
Semester 2
DUE 13 September 2024
, Critical Analysis of the AI Model's Response and Correct Legal Advice to Vatiswa
1. Introduction:
Vatiswa's legal situation involves the application of South African labor laws, particularly
concerning the principle of "equal pay for equal work" and the employment relationship
between her, Tseba Taba Tsago Professionals (TTP), and McDonald-Kentucky Corporation
(MKC). The AI model provided a general legal framework but requires refinement and a
more nuanced analysis of the relevant legal authorities and principles.
2. Employment Relationship and the Role of TTP:
The AI model correctly identifies that Vatiswa is employed by TTP, which assigns her to
work for MKC. Under South African law, this situation is typically referred to as a "temporary
employment service" (TES) arrangement, commonly known as labor broking. According to
Section 198 of the Labour Relations Act, No. 66 of 1995 (LRA), TTP is Vatiswa’s legal
employer. TTP is responsible for paying her salary, deducting taxes, and ensuring
compliance with Unemployment Insurance Fund (UIF) contributions. However, MKC, as the
client of the TES, also bears certain responsibilities, especially regarding fair treatment of
employees performing similar work .
3. Principle of Equal Pay for Equal Work:
The AI model mentions the principle of equal pay for equal work, which is a key issue in this
case. The Employment Equity Act, No. 55 of 1998 (EEA), specifically prohibits unfair
discrimination in employment, including in remuneration. Section 6(1) of the EEA stipulates
that no person may unfairly discriminate, directly or indirectly, against an employee in any
employment policy or practice, on grounds including race, gender, or any other arbitrary
ground .
The Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value, issued
under the EEA, further clarifies that employees performing the same or substantially the
same work should be remunerated equally unless there is a justifiable reason for a
difference in pay, such as seniority, experience, or performance . The AI model's assertion
that MKC cannot unfairly discriminate against Vatiswa is accurate, but it does not fully
explore whether TTP, as her employer, might also be liable under this principle.
4. Application to Vatiswa’s Case:
Vatiswa’s claim for equal pay must consider whether the difference in pay between her and
MKC’s directly employed filing clerks can be justified. If MKC and TTP cannot provide a
legitimate, non-discriminatory reason for the pay disparity (e.g., differences in qualifications,
experience, or responsibilities), Vatiswa may have a strong case for equal pay under the
EEA.
The AI model also correctly identifies that Vatiswa did not receive an annual bonus, which
could be a form of unfair discrimination if MKC provides bonuses to its directly employed
staff but not to those employed through TTP, despite them performing the same work. This
issue also falls under the purview of the EEA .
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GeniusGears. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.81. You're not tied to anything after your purchase.
