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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
THE COMMON LAW DUTIES OF AN 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
CATEGORIES OF EMPLOYEES SPECIFICALLY EXCLUDED FROM THE APPLICATION OF THE LRA - • members
of the National Defence Force, and
• members of the State Security Agency.
METHODS THROUGH WHICH BASIS CONDITIONS OF EMPLOYMENT MAY BE CHANGED - Variation by way
of a collective agreement
Variation by way of a ministerial determination
Variation by way of a sectoral determination
CIRCUMSTANCES UNDER WHICH HIV/AIDS TESTING WOULD BE ALLOWED IN THE WORKPLACE - the
following factors were stipulated as circumstances under which HIV testing would be allowed:
• to prevent unfair discrimination,
• where the employer needed HIV testing to determine the extent of HIV in the workplace in order to
place itself in a better position to evaluate its training and awareness programmes, and to draw up
future plans based on the outcome of the tests,
• where the purpose of testing was that the employer needed to know the prevalence of HIV at its
workplace in order to be pro-active in its prevention amongst employees, and to treat the symptoms
and to plan for contingencies,
including the fair distribution of employee benefits, medical aid and the training of replacement labour,
• where medical facts indicated the need,
• where employment conditions required testing,
• where social policy required testing,
• where the inherent requirements of the job necessitated it, or
• where particular categories of employees/jobs required such testing.
, THE SUBSTANTIVE FAIRNESS OF A DISMISSAL BASED ON MISCONDUCT - The Code: Dismissal sets the
following requirements for substantive fairness:
• Did the employee contravene a rule or standard regulating conduct in, or of relevance to, the
workplace?
• If so, was the rule valid and reasonable? This is normally determined with reference to the needs of
the workplace and business.
• Was the employee aware of the rule, or could she/he reasonably be expected to have been aware of
the rule? An employee can only be punished if she/he knew that the conduct was unacceptable and that
a transgression of
this rule could lead to dismissal.
• Did the employer consistently apply the rule? An employer cannot enforce a rule, which had been
previously ignored. This is called 'historical inconsistency', because present conduct is inconsistent with
past conduct. If a rule is to be enforced in the future, the employer must inform the employees
beforehand. If, at a given time, an employer's treatment of several employees guilty of the same offence
were inconsistent, that would
be 'contemporaneous inconsistency'.
• Is dismissal an appropriate action for Contravention of the rule? Dismissal should be seen as a matter
of last resort. Normally, dismissal will not be appropriate in the case of a first offence, unless the
misconduct is serious
and of such gravity that it renders the employment relationship intolerable.
The appropriateness of dismissal as a penalty will depend on the employee's circumstances, including:
-- length of service,
-- previous disciplinary record,
-- personal circumstances,
-- the nature of the job, and
-- the circumstances of the infringement itself.
MATTERS ON WHICH THE EMPLOYER AND EMPLOYEES MUST TRY AND REACH CONSENSUS WHEN THE
EMPLOYER NEEDS TO DISMISS EMPLOYEES BASED ON OPERATIONAL REQUIREMENTS - There are six
matters about which the parties must endeavour to reach agreement/consensus:
• appropriate measures to avoid the dismissals,
• appropriate measures to minimise the number of dismissals,
• appropriate measures to change the timing of the dismissals,
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