Exam (elaborations)
MRL3702 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
MRL3702 EXAM PACK 2023
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MRL3702EXAM PACK
2023
QUESTIONS
AND
ANSWERS
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OCTOBER/NOVEMBER 2020
MRL3702
LABOUR LAW
100 marks
24 Hours Portfolio Examination
This paper consists of 6 pages.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING QUESTIONS
(1) The examination question paper counts 100 marks. ANSWER ALL QUESTIONS.
(2) The cover page to your portfolio must include your name, student number and the module code.
(3) This is an open-book examination. You may consult your prescribed study material during the
examination. You may however not consult another person to assist you answer questions. You
may also not assist another student in answering questions.
(4) All answers must refer to relevant legal authority.
(5) The duration of the examination is 24 hours. Your portfolio must be submitted via myUnisa on
FRIDAY,13 NOVEMBER 2020 on or before 11H:15 (Central African Time). LATE SUBMISSIONS
WILL NOT BE MARKED.
To submit your portfolio via myUnisa:
• Go to myUnisa.
• Log in with your student number and password.
• Select the module.
• Click on “Assignments Info” tab in the menu on the left-hand side of the screen and look
for the summative assessment which is classified as a ‘portfolio’.
• Follow the instructions to submit your portfolio.
(6) If your answers are typed, ensure that the following requirements are adhered to. Items 6.2; 6.3;
6.6; & 6.7 apply to written assignments as well.
6.1 All the pages must be numbered in the bottom right hand corner of the page.
6.2 Your exam answers must be submitted in PDF format.
6.3 Portfolio answers must not exceed ten (10) typed pages or twelve (12) written pages.
Please adhere to the length restrictions. If your answer exceeds the prescribed length, we
shall stop marking when your answer reaches the page limit.
6.4 Your exam must be typed in Arial 12pt with single line spacing within the paragraph, and
double line spacing after the paragraph.
6.5 The text must be justified.
6.6 South African English and not American English should be used. For example, the correct
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MRL3702
October/November 2020
spelling is “Labour” and not “Labor”.
6.7 Do not use abbreviations or SMS language.
6.8 All quotes that are two lines long (or less), must form part of the main text, be written in
italics, and be bracketed by quotation marks. Where a quotation is longer than two lines, it
must be typed in a separate paragraph in italics in size 11 font and must be indented by 1
cm. No quotation marks are required when the quotations stand alone. Use quotations very
sparingly. In this portfolio, a maximum of 5% of the text may be quoted.
(7) When answering the portfolio questions, remember that an open-book exam is a test at a higher
level than the usual type of exam, where memory is tested as much as insight. In an open-book
exam, you need not memorise any information. You are expected to prove that you can use
information, rather than merely repeat it. In brief, what is being tested is factual knowledge,
understanding and the correct application thereof, not memory skills. For this reason, you do not
earn marks by merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other provisions are
applicable in a specific context. You are expected to identify precisely what information applies,
and then explain why you think so. Also, because you have the guide available when answering
questions, we do not give marks for direct quotations from the guide. You are therefore assessed
on your level of understanding of the legal principles by looking at how well you applied the
principles to the questions. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY
GUIDE (OR YOUR TEXTBOOK).
(8) You must familiarise yourself with the UNISA rules pertaining to plagiarism. Plagiarism will result
in zero marks, disciplinary action, and possible expulsion from UNISA.
(9) The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. You are given 24 hours to complete the portfolio. Use the time given
wisely.
(10) Several students lose marks because they do not approach problem-type questions correctly.
When answering such questions, it is important to first clarify for yourself the area of work where
the answer must be sought. Once you have done this, set out the relevant legal principles. Deal
only with those principles that relate to the given facts. Next, apply these principles to the facts.
This is where most of the students lose marks - they set out the law in some detail, but then do not
illustrate how it applies to the factual situation they have been asked to solve. Finally, state your
conclusion.
(11) You must attach a signed plagiarism declaration to your exam. Exam scripts sent without signed
plagiarism declarations will not be marked. Find a copy of the declaration at the end of the portfolio
under ANNEXURE A.
PLEASE NOTE:
The Labour Relations Act, 1995 is referred to as the ‘LRA’
The Basic Conditions of Employment Act, 1997 is referred to as the ‘BCEA’
The Employment Equity Act, 1998 is referred to as the ‘EEA’
The Constitution of the Republic of South Africa, 1996 is referred to as ‘the Constitution’
2
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QUESTION 1
1.1 Moji’s business is to build, install and maintain security features mainly for South
African national key points and in the Southern African Developing Countries
(SADC). For his business’ success as a pioneer and a leader in the security sector
in the region, Moji invests in young and technically skilled graduates from UNISA
who offer reliable technical services to its clients. One evening, Moji received a call
from Botswana authorities while doing maintenance rounds at OR International
Airport (OR), asking him to urgently install security features at their Lobatse border
in order to stop criminal syndicates from operating between South Africa and
Botswana as this is crippling the Botswana economy. This meant that Moji had two
jobs to do, namely, to maintain OR and to install security features at Lobatse
border. Realising the importance of the two tasks, Moji who was already tired that
evening decided to call his girlfriend, Dineo to continue with maintenance at OR
while he rushed to the Lobatse border to install security features. When Mr
Katsande, the OR manager, heard that maintenance is being done by Dineo, he
became very angry and demanded that Moji should be the one to do the work.
Moji’s response was, ‘shut up, you are not my boss’.
Answer the following questions:
(i) With reference to applicable legal authority, discuss the following -
- whether Moji is an employee or independent contractor in both
establishments;
- whether Mr Katsande’s demand is legally correct and;
- whether Mr Katsande is entitled to discipline Moji for the ranting. (15)
1.2 Finky and Hendriet work for Pretoria Zoo SA (Pty) Ltd (‘PSA’). Their duty is to feed
two lions (one lion each). They work same shift and are both fifty years of age.
Finky started working for PSA in 1994 while Hendriet started in the year 2000.
Both have the same qualification, however, Finky earns more than Hendriet.
Write a legally supported opinion regarding their pay difference and fairness
thereof while their duties are practically the same. [Your opinion should not exceed
one page]. (10)
[25]
QUESTION 2
2.1 Eva was employed by Seboko General Dealer (Pty) Ltd (‘SGD’) which has been
operating in the city of Polokwane for five years. For the past two years Eva’s sales
were excellent. In December 2019, she signed a performance agreement which
stated that she must sell Fifty Thousand Rands (R50 000.00) worth of stock
monthly. Her job included working inside and outside the business premises selling
the employer’s products. For this purpose, she was equipped with a car, loaded
3
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