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MRL3702 - EXAM MAY/JUNE 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM MAY/JUNE 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM MAY/JUNE 2024 | Questions And Answers Latest {2024- 2025} A+Graded | 100% Verified
THE REQUIREMENTS PRESCRIBED BY THE LAW FOR THE CONCLUSION OF A VALID CONTRACT,
INCLUDING A CONTRACT OF EMPLOYMENT - A contract of employment must meet all the requirements
that the law prescribes for the conclusion of a valid contract (not forgetting that the common law
recognises freedom of contract). These requirements are:
• There must be agreement between the parties (for example, if an employer forces an employee to
work, it will amount to slavery). The parties further need to agree about the work the employee has to
do and the remuneration
she/he will receive from the employer for that work.
• The parties to the contract must have capacity to act (for example, a mentally impaired person or a
person under 18 years of age will not be able to
conclude a valid contract of employment).
• The agreement must be legally possible (for example, it will not be legally possible to appoint someone
as an assassin for your debt collection
business).
• Performance under the agreement must be physically possible (for example, if the employer appoints
a personal nurse to care for her and the employer then dies, performance will no longer be physically
possible).
• If any formalities are prescribed for the formation of that particular type of contract or if the parties
themselves have agreed about certain formalities,
then those formalities must be satisfied (for example, the employment contract of a candidate attorney
must be in writing and registered with the
Law Society within two months after conclusion).
EMPLOYMENT OF CHILDREN - In terms of the Children's Act15 a child becomes a major at the age of 18
years. The BCEA prohibits any person requiring or permitting children to work who are under the age of
15 years or the minimum school leaving age in terms of any law.
Moreover, it prohibits a person from requiring or permitting a child to perform work or to provide
services that are:
• inappropriate for her/his age,
, • place at risk the child's well-being, education, physical or mental health, or
• spiritual, moral or social development
Contravention of this section constitutes a criminal offence punishable by six years imprisonment or a
fine depending on previous offences.
DOCTRINE OF VICARIOUS LIABILITY - The doctrine of vicarious liability (which is based on considerations
of public policy) may also impact on the employment relationship. According to this doctrine, an
employer is liable for the unlawful or delictual acts of an employee
performed during the course of business. The operation of this doctrine is regulated by the common law
and not by labour legislation.
DIFFERENT WAYS THROUGH WHICH CONTRACTUAL TERMS AND CONDITIONS OF EMPLOYMENT CAN BE
CHANGED - Terms and conditions of the employment contract can be lawfully changed in the following
ways:
• by agreement between the employer and the employee or in line with the method prescribed in the
contract of employment,
• by means of a collective agreement between the employer and a trade union/s,
• by operation of law, for example, the BCEA, and • through a sectoral determination issued by the MoL.
CONSTRUCTIVE DISMISSAL - Where an employee resigns because the employer made continued
employment intolerable for the employee, it will constitute a 'dismissal', better known as a
'constructive' dismissal.24 Although the employee (and not the employer) terminates
the contract, it was not done voluntarily. The employer's conduct made it impossible for the employee
to continue working for the employer.
DUTIES OF THE EMPLOYER IN DESIGNING AN AFFIRMATIVE ACTION PLAN - 1. Collecting information
2. Consulting with representative trade unions
3. Disclosing of relevant information
4. Preparing and implementing of a detailed EEP
5. Reporting to the Director-General of the DoL on the progress made on an annual basis
6. Displaying a summary of the EEA in the workplace.
7. Providing a copy of its EEP to employees.
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