lOMoAR cPSD| 42036583
,UNIVERSITY EXAMINATIONS
May/June 2024
LLW2601
Individual Labour Law
60 Marks
Duration 4 Hours
First examiner: Mr D RAMMILA
Second examiner: Ms MM MULAUDZI
This paper consists of 11 pages.
Instructions:
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
,QUESTION 1
Ms. Eastwood was employed as an administrative assistant at Horizon Enterprises.
She claims that her supervisor, Mr. Oldman, subjected her to unwelcome conduct on
multiple occasions throughout the year 2023 which made her feel uncomfortable. The
conduct included remarks about the shape of her body, her “sexiness” and other
unsolicited romantic advances. The inappropriate behaviour persisted, and in
September 2023, she reached out to Ms. Daley, the company’s employee relations
specialist, to report Mr. Oldman’s conduct. Ms. Daley acts on behalf of Horizon
Enterprises over all employee relations matters. Despite her report, Ms. Daley made
no attempt to address her complaints. Instead, Ms. Daley told Ms. Eastwood that she
was overreacting, and that Mr. Oldman’s behaviour was just “boys being boys”.
Feeling very uncomfortable and unable to continue working with Mr. Oldman, Ms.
Eastwood tendered her resignation in November 2023.
Ms. Eastwood now seeks legal advice FROM YOU on how to proceed in light of these
events.
With reference to legislation and case law, analyse Ms. Eastwood’s legal
situation and advise on any possible remedy she may have against her former
employer, Horizon Enterprises.
, (
20) NB: You must apply the principles to the facts. You need NOT discuss
constructive dismissal.
YOUR ANSWER MUST NOT EXCEED 1.5 PAGES.
[TOTAL FOR QUESTION 1: 20 MARKS]
QUESTION 2
South African labour law protects people who qualify as ‘employees’ as defined in the
Labour Relations Act 66 of 1995. Any other person who performs work for, or on
behalf of, another but is not an employee is an independent contractor.
Define the concept of ‘employee’ and explain the differences between an
employee and an independent contractor.
(12)
YOUR ANSWER MUST NOT EXCEED 1 PAGE.
[TOTAL FOR QUESTION 2: 12 MARKS]
,UNIVERSITY EXAMINATIONS
May/June 2024
LLW2601
Individual Labour Law
60 Marks
Duration 4 Hours
First examiner: Mr D RAMMILA
Second examiner: Ms MM MULAUDZI
This paper consists of 11 pages.
Instructions:
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
,QUESTION 1
Ms. Eastwood was employed as an administrative assistant at Horizon Enterprises.
She claims that her supervisor, Mr. Oldman, subjected her to unwelcome conduct on
multiple occasions throughout the year 2023 which made her feel uncomfortable. The
conduct included remarks about the shape of her body, her “sexiness” and other
unsolicited romantic advances. The inappropriate behaviour persisted, and in
September 2023, she reached out to Ms. Daley, the company’s employee relations
specialist, to report Mr. Oldman’s conduct. Ms. Daley acts on behalf of Horizon
Enterprises over all employee relations matters. Despite her report, Ms. Daley made
no attempt to address her complaints. Instead, Ms. Daley told Ms. Eastwood that she
was overreacting, and that Mr. Oldman’s behaviour was just “boys being boys”.
Feeling very uncomfortable and unable to continue working with Mr. Oldman, Ms.
Eastwood tendered her resignation in November 2023.
Ms. Eastwood now seeks legal advice FROM YOU on how to proceed in light of these
events.
With reference to legislation and case law, analyse Ms. Eastwood’s legal
situation and advise on any possible remedy she may have against her former
employer, Horizon Enterprises.
, (
20) NB: You must apply the principles to the facts. You need NOT discuss
constructive dismissal.
YOUR ANSWER MUST NOT EXCEED 1.5 PAGES.
[TOTAL FOR QUESTION 1: 20 MARKS]
QUESTION 2
South African labour law protects people who qualify as ‘employees’ as defined in the
Labour Relations Act 66 of 1995. Any other person who performs work for, or on
behalf of, another but is not an employee is an independent contractor.
Define the concept of ‘employee’ and explain the differences between an
employee and an independent contractor.
(12)
YOUR ANSWER MUST NOT EXCEED 1 PAGE.
[TOTAL FOR QUESTION 2: 12 MARKS]
