Exam (elaborations)
LLW2601 EXAM PACK
- Course
- Individual Labour Law
- Institution
- University Of South Africa
Exam of 41 pages for the course Individual Labour Law at University of South Africa (LLW2601 EXAM PACK)
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2014
Labour Law EXAM PRACTICE
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Table of Contents
Part 1 Questions ........................................................................................................................ 1
Part2 questions .......................................................................................................................... 7
Part 3 questions ....................................................................................................................... 10
Part 4 questions ....................................................................................................................... 12
Part 5 questions ....................................................................................................................... 13
Part 6 questions ....................................................................................................................... 17
Part 7questions ........................................................................................................................ 18
Part 8 questions ....................................................................................................................... 23
Part 9 questions . ..................................................................................................................... 26
Part 10 questions ..................................................................................................................... 30
TRUE or FALSE Questions ........................................................................................................ 34
Part 1 Questions
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1. David Moyes works for Right Auto Services, a company carrying on business in
Pretoria, doing mechanical repairs. On commencing with his employment, David Moyes,
signed a contract which had the following heading:
"Independent Contractor: Memorandum of Agreement". With a monthly fixed salary, David
Moyes is required to work from 7h30 until I7hOO, however he could also be summoned to
work overtime. Although he is employed as a mechanic, at times he is asked to sweep the
workshop floors. From time to time his work is inspected by Jose .
One day whilst working on a vehicle, he suffers serious head injuries when the bonnet of a
car is ripped of by a gust of wind. He claims compensation from the compensation
commissioner in terms of the Compensation for Occupational Injuries and Diseases Act,
1993.
His claim is repudiated on the ground that he is not an 'employee' as defined by the Labour
Relations Act, 1995.
1.1 Discuss whether David Moyes is an employee or an independent contractor.
In a separate incident, a heated argument erupts between David Moyes and Tip's
regarding the quality of the repairs to Tips' car. During this altercation David Moyes
breaks the windscreen of Tips' car.
Control Test - his work is inspected by Jose from time to time.
Organisation test - David Moyes is part & parcel of employer's organisation.
Dominant Impression test –
The employer has the right to supervise the other person (David Moyes)
Whether the worker is required to devote specific time to his/her work, etc.
the new presumption section 200A - until the contrary is proved, a person who works for,
or renders services to, any other person is presumed, regardless of form of contract, to be
an employee, if anyone or more of following factors are present: list (a) to (g).
1.2 Will Right Auto Services be vicariously liable for the damage caused to the
windscreen? Discuss (5)
Before Right Auto Services will be held liable for the acts of David Moyes, the following
prerequisites must be met.
There must be a contract of service between the employer and the employee at the time
the employee committed the unlawful act.
The conduct of employee must be unlawful
The employee must have acted in the course of his duties.
Therefore, Right Auto Services will be held liable for the acts of David Moyes.
2. Name the three requirements which must be met before an employer can be held
vicariously liable for the actions of an employee. (3)
Before an employer can be held liable for the acts of its employees, the following
prerequisites must be met:
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