Exam (elaborations)
MRL3702 EXAM ANSWERS MAY/JUNE DATE- 13TH MAY 2024
- Course
- MRL3702 (MRL3702)
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS MRL3702 EXAM ANSWERS MAY/JUNE DATE- 13TH MAY 2024
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MRL3702 EXAMANSWERS MAY/JUNE -
DATE: 13TH MAY 2024
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, MRL3702 EXAM ANSWERS MAY/JUNE
DATE: 13TH MAY 2024
QUESTION 1
S’boko and Gatedi have been working for Matswaiing-a-matsho (Pty) Ltd
(MM) on six months contracts which were renewed twice for further six
months. They are earning R10 000.00 a month each. They are now left with a
month to complete tenures of their contracts with MM. S’boko is worried that
in the next two months they will be without jobs, but Gatedi does not seem to
be worried. Instead, Gatedi tells S’boko that she must stop being worried
because they became permanent employees of MM by operation of law.
ANSWER THE FOLLOWING QUESTION WITH RELEVANT
AUTHORITY:
Discuss the correctness of Gatedi’s view of their position with MM. Include in
your discussion the possible defences which MM may raise to rebut Gatedi’s
view.
Gatedi's assertion that she and S'boko have become permanent employees of
Matswaiing-a-matsho (Pty) Ltd (MM) by operation of law requires scrutiny.
In South African labor law, the concept of "deemed employment" or "deemed
permanent employment" arises in certain situations where temporary
employees are deemed to have acquired permanent status due to the nature of
their employment relationship and the duration thereof. However, whether
S'boko and Gatedi have indeed acquired permanent status would depend on
various factors, including the nature of their employment, the duration of
their contracts, and the applicable legislation.
One relevant authority in South African labor law is the Labour Relations Act
66 of 1995 (LRA), specifically section 198B. This section deals with the
"deemed employment" provisions, which apply to employees who earn below
the earnings threshold (currently set at R211,596 per annum) and have been
employed by a client for a period exceeding three months.
Based on the information provided, S'boko and Gatedi have been working for
MM on six-month contracts, which were renewed twice, totaling eighteen
months of employment. While this duration exceeds the three-month
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