LSB2605/2021 +27 65-092-2021 67709982@mylife.unisa.ac.

za

LSB2605-21-S1
Giyane Matoase
Student: 67709982
Assignment 01

Question 1
1.1.1 Ruben may not have notified the employer of the accident, but it is apparent that the
employer was aware of the accident because one of Ruben’s co-workers reported
the incident to the employer. Accordingly, Ruben’s failure to inform the employer
personally of the accident will not disqualify him from claiming compensation for his
injuries.
Besides, Ruben has a right to seek compensation for workplace injuries sustained
through no fault of his own or because he was partly responsible (contributory
negligence). It is unlikely that Ruben would have been able to notify the employer of
the accident while he was injured.
However, it is important to note that whenever you sustain an injury at work, you
should make sure that the incident is correctly reported to either the person in charge
of your employer directly and should follow the work’s procedure following an
incident at work no matter how minor or severe the workplace injuries you suffered
happens to be.
(Compensation for Occupational Injuries ad Disease Act)

1.1.2 Since the employer was aware of the incident, it is required to report the incident to
the Compensation Commissioner within seven (7) days of its occurrence and a
compensation claim must be filed with the Compensation Commissioner within
twelve (12) months. The employer is duty-bound to make sure that the risk of injury
is kept to the minimum which is part of their duty of care towards employees.
Collection of compensation contributions are used to compensate workers who are
injured in the workplace and to pay their medical expenses. (COIDA) of 1993

1.3 Although the task is not listed in the job description, the job description does not
replace company procedures nor operating procedures and, the employee (Gloria)
may nevertheless be required to carry it out because it falls reasonably within the
ambit of the employee’s job description and it is necessary based on operational
requirements of the employer’s business. The employee cannot refuse to carry out
the task simply because it is not specifically listed in the job description.
A job description is subject to review from time to time to align it with the operational
requirements of the employer’s business. However, any review or change to a job
description must be done fairly, reasonably, and by following a fair procedure.
In practice, it is accepted that it is impossible to include in a Job Description a
full description of every task that the employee must attend to.
“It follows as a consequence that some tasks are written into the Job Description by
implication or, if you like, the tasks are not started through the written word, but
they are stated "between the lines."

1.4 The Skills Development Levies Act provides that if the total amount of
remuneration paid to employees will be less than or equal to R500 000 per
annum, the employer is not required to contribute to the Skills Development
Levies Fund, and the employer will therefore not be liable to pay a skills
development levy.
In this case, it is projected that the total remuneration that Simon’s business will pay
its employees will be equal to R600 000 for the first year of operation. Based on this
amount, Simon’s company is required to pay the skills development levy in the first
LSB2605/2021 +27 65-092-2021 67709982@mylife.unisa.ac.za

year. The company will have to register for the skills development levy in that year
(the first year). The levy is calculated as 1% of the total remuneration payable to the
employees. In other words, the levy payable to the skills development levy fund will
be: R600 000 x 1% = R600 000 x 0.01 = R6 000.

1.5 Section 9 of the BCEA provides for ordinary hours of work and states that an
employer may not require or permit an employee to work more than:
(a) 45 hours in any week; and
(b) nine hours in any day if the employee works for five days or fewer in a week; or
(c) eight hours in any day if the employee works on more than five days a week.

The phrase may not require or permit an employee to work means that employers
cannot force employees to work overtime. An employer may not require or permit
an employee to work overtime except under an agreement. Sarah, therefore, has to
agree to work overtime, and may not agree to work overtime above the maximum
hours stated in the BCEA.

The Labour relations Act requires that an attempt be made to resolve any dispute
internally through the employer’s dispute resolution processes. These processes may
be formal or they may be informal. In the course of an employee’s employment, a
dispute may arise between the employee and the employer. Such a dispute may
involve the following:
-An employee’s claim that he/she had been discriminated against by the
employer because the employer is paying the employee a wage or salary
lower than that of other employees who perform the same work, in other
words, discrimination on the grounds of pay.
-An employee’s unfair labor practice claims that the employer had failed
to promote the employee for reasons other than the employee’s
competence or qualifications.
-An employee’s claim that he/she had been treated unfairly by the
employer on grounds of race, gender, or sexual orientation.
-The employee’s dismissal, which the employee claims are unfair.

STUDENT’S STATEMENT ACKNOWLEDGING AN UNDERSTANDING OF

PLAGIARISM AND THE CONSEQUENCES THEREOF
This is to state that I have read all the documentation about plagiarism that I have received.
I also fully understand what plagiarism is.
I also accept that if I commit plagiarism, I will be severely penalized.
NAME: GIYANE
SURNAME: MATOASE
STUDENT NO.: 67709982
MODULE: LSB2605-21-S1
SIGNATURE: G.G.Matoase…… DATE: 2021/04/30
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1 P2 LSB2605 STUDY GUIDE
2 SKILLS DEVELOPMENT LEVY ACT
3 BCEA ACT
4 SA LABOUR GUIDE
5 https://www.labourguide.co.za/health-and-safety/739-what-every-worker-and-employer-
should-know- about
6 Occupational Health and Safety Act, 1993
7 https://www.gov.za/services/compensation-fund/claim-occupational-injuries-or-disease
8 Compensation for Occupational Injuries ad Disease Act
9 1993 Compensation fort the Occupational Diseases in Mines
10 Works Act Basic Conditions of Employment Act, as amended, ss 22-24
11 Labour Relations Act, as amended Schedule 8, items 10-11