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]
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mulah11. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.54. You're not tied to anything after your purchase.