MRL3702 OCTOBER / NOVEMBER EXAM
NEWEST ACTUAL EXAM WITH COMPLETE
QUESTIONS AND DETAILED ANSWERS
GRADED A | BRAND NEW!!!
What are the effects of the insolvency of the employer on
employment contracts - ✔✔✔ Correct Answer > Upon
sequestration of the employer, the contract of employment is
suspended for a period of 45 days. During this period the
employee does not have to render services to the employer
and the employee will not receive any payment or benefits
during this period. The employee may, however, claim
compensation from the Unemployment Insurance Fund. The
Insolvency Act distinguishes between a trustee and a liquidator:
where an insolvent employer is an individual, a trustee is
appointed and where the insolvent employer is a company, a
liquidator is appointed. The trustee or liquidator takes over the
affairs of the employer to finalise all matters in relation to the
insolvent business. The trustee or liquidator can decide
whether the contracts of employment should continue after
the 45 days. Unless there was an agreement of continued
employment, all the suspended contracts will automatically
terminate after the date of insolvency.The employee is entitled
to severance pay in terms of section 41 of the BCEA.
, Name two main functions of a workplace forum - ✔✔✔ Correct
Answer > • to promote the interests of all employees in the
workplace (again, not just union members),
• to enhance efficiency in the workplace,
• to consult on certain matters, and
• to jointly make decision on specific matters.
Describe the concept of substantive equality - ✔✔✔ Correct
Answer > Substantive equality recognises that opportunities
are determined by an individual's status as a member of a
group(s). Discriminatory acts are part of patterns of behaviour
towards groups, which result in disadvantage
for such groups. The prohibition of unfair discrimination is in
itself insufficient to achieve true equality, and therefore
affirmative action measures are required to correct
imbalances where disadvantage and inequality exist.
LIST FOUR CONDUCTS BY THE EMPLOYER WHICH MAY BE
REGARDED AS UNFAIR AND OF BAD FAITH RELATING TO THE
PROMOTION OF AN EMPLOYEE - ✔✔✔ Correct Answer > It is
important to note that the courts will only intervene in disputes
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