LLW2601 Assignment 2 Semester 2 2024 | Due 13 September 2024
113 views 2 purchases
Module
Individual Labour Law (LLW2601)
Institution
University Of South Africa (Unisa)
Book
Labour Law Rules 4th Edition
LLW2601 Assignment 2 Semester 2 2024 | Due 13 September 2024. Multiple Answers Provided.
Read the following scenario before answer the question
Vatiswa works for Tseba Taba Tsago Professionals (TTP). TTP employs people whose services it
avails to its own clients in exchange for an agreed fixed...
Exam (elaborations) Collective Labour Law (llw2602) Labour Law Rules 4th Edition
Summary Labour Law Rules 4th Edition - Collective Labour Law (LLW2602)
LLW2602 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (774154) - DUE 6 September 2024
All for this textbook (57)
Written for
University of South Africa (Unisa)
Individual Labour Law (LLW2601)
All documents for this subject (27)
Seller
Follow
Aimark94
Reviews received
Content preview
, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please note that the author of this document will not responsibility for any plagiarizing you
commit.
Read the following scenario before answer the question
Vatiswa works for Tseba Taba Tsago Professionals (TTP). TTP employs people whose services it
avails to its own clients in exchange for an agreed fixed amount. Vatiswa receives her salary payments
from TTP and TTP is responsible for paying her UIF contributions and deducting her employee taxes.
For the last six months, Vatiswa has worked as a filing clerk on behalf of her TTP’s client,
McDonald-Kentucky Corporation (MKC), in Mthatha. Recently, Vatiswa discovered that she earns
less money than other filing clerks directly employed by MKC and did not receive an annual bonus
which the MKC employees were entitled to despite doing the same work as them. Vatiswa decides to
use a Large language model (so-called “Al” model) in order to obtain legal advice for her legal
predicament.
Below is the answer provided by the ChatGPT AI:
Vatiswa's situation raises several important legal considerations under South African labor law,
particularly concerning the principle of equal pay for equal work and the nature of her employment
through Tseba Taba Tsago Professionals (TTP).
1. Equal Pay for Equal Work: Vatiswa has discovered that she earns less money than other filing
clerks directly employed by McDonald-Kentucky Corporation (MKC), despite performing the same
duties. This situation potentially violates the principle of equal pay for equal work as enshrined in
South African labor laws, particularly in terms of the Employment Equity Act, No. 55 of 1998. This
act prohibits unfair discrimination, including unfair discrimination in terms of remuneration.
2. Legal Nature of Employment (TTP's Role): Vatiswa is employed by TTP, not directly by MKC.
TTP assigns her to work for MKC under what seems to be a form of labor broking or temporary
employment service arrangement. In such arrangements, TTP remains her legal employer, responsible
for paying her salary, deducting taxes, and ensuring compliance with UIF contributions. However, this
does not absolve MKC from its responsibilities regarding fair treatment and equal pay.
3. Remedies and Legal Consequences: Equal Pay Claim: Vatiswa may have grounds to lodge a claim
against MKC for equal pay for equal work. Despite being employed by TTP, MKC cannot unfairly
discriminate against her in terms of her remuneration compared to its own employees doing the same
work.
Breach of Rights: If Vatiswa's terms of employment with TTP do not explicitly waive her rights to
equal pay compared to MKC employees, then MKC may be in breach of her rights under the law.
Legal Action: Vatiswa could potentially pursue a claim through the Commission for Conciliation,
Mediation and Arbitration (CCMA) or the Labour Court for unfair discrimination and/or unpaid
bonuses, seeking compensation or rectification of the discriminatory practices.
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 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 Aimark94. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.27. You're not tied to anything after your purchase.
