Labour Law Question Paper
Labour Law Question Paper
1.1 Discuss the employment contract with specific reference to the legislative definition of an employee (Section
213 of the Labour Relations Act). (15 marks)
1.2 Define who an independent contractor is and discuss the difference between an employee and an independent
contractor. (15 marks)
1.3 Discuss the Tests used to determine whether a worker is an employee. (10 marks)
SA Airways has posted a vacancy for cabin crew. Mr Hoymeyr applies and gets the job. During the medical testing of all
employees, it comes to the attention of SA Airways that Mr Hofmeyr is HIV positive. A week later Mr Hofmeyr is fired.
Advise Mr Hofmeyr on the constitutional proof of discrimination in the workplace with reference to Department of
Correctional Services v Police and Prison Civil Rights Union (POPCRU) 2011 32 ILJ 2629 (LAC).
Discuss the affirmative action in light of statute. You are required to discuss the beneficiaries of affirmative action as well
as what affirmative action measures must include.
In light of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 provide explanatory notes on the
following:
5.1 Discuss the purpose of The Employment Services Act 4 of 2014 (ESA) and how it is achieved. (10 marks)
5.2 The Employment Services Act 4 of 2014 (ESA) provides for employment services, identify and discuss them.
(10 marks)
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