STRUCTURE OF THE FINAL EXAM

Section A
Multiple choice
Section B
List, provide, mention
Section C
: 30 Marks
: 40 Marks.
Scenario based questions: 30 Marks
Section A
Which form of Alternative Dispute Resolution is defined as a private, voluntary and
consensual process whereby attempts to resolve their differences?

A. Mediation
B. Negotiation
C. Arbitration
Which form of dismissal takes place where the employee terminates the employment?
relationship, only because the employer made continued employment intolerable.
A. Termination with or without notice
8. Selective Re-employment
C. Constructive Dismissal
Which form of improperly obtained consensus amount to misstatement that does not accord
with the true facts.
a. Undue Influence
b. Duress
c. All of the above
d. Misrepresentation
Which form of improperly obtained consensus amount to misstatement that does not accord
with the true facts.
a. Undue Influence
b. Duress
c. All of the above
d. Misrepresentation
Which of the following legislation protects employees against unfair labour practices?
a. National Minimum Wage
b. Labour Relations Act
c. None of the above
d. Basic Conditions of Employment Act
The court order that demands a contracting party to render performance he or she has
undertaken undertaken to render, which of execution is this?
a. Specific Performance
b. Reduced Performance
c. Unclaimed performance
d. Prohibitory interdict
Betty informs you that her brother passed away, therefore, she wants to take family
responsibility leave. How many days is she entitled to?
a. 4 days
b. 5 days
c. 3 days
d. 2 days
Which form of improperly obtained consensus impose the pressure that is more subtle,
involving an insidious erosion of the victim’s ability to exercise a free and independent
judgment in the matter, rather than threats or intimidation?
a. Misrepresentation
b. Undue Influence
c. None of the Above
d. Duress
What constitutes the working relationship between the employer and employee in the
context of labour law?
a. None of the above
b. Contract of Employment
c. Labour Relations Act
d. Protection of Employees
A fraudulent misrepresentation renders the contract
a. Voidable
b. None of the above
c. Pending
d. Valid
Which of the following form part of the duties of employee?
a. To enter and remain in service and disobedience
b. All of the above
c. Obeying instructions and take early departures
d. To act in good faith and to enter and remain in service
According to Basic Conditions of Employment Act the employee is entitled to how many days
leave after working 34 days?
a. 1
b. 5
c. 4
d. 3
e. 2
Which one of the following is not an essential element of a valid contract?
a. The contract must be in writing.
b. Parties must trust each other
c. Each party must have serious intention
d. The parties must be in agreement
According to current National Minimum Wage Act what is the rate per hour under hospitality
sector?
a. R25.44
b. R25.42
c. R25.47
d. R25.48
Which of the following does not form part of the element of delict?
a. Conduct
b. None of the above
c. Act
d. Wrongful
Which organ of state is responsible for interpretation of law?
a. Parliament
b. Advocates
c. Executive
d. None of the above
Which form of improperly obtained consensus constitutes improper pressure that amounts to
threat?
a. Undue Influence
b.Misrepresentation
c. Dures
d. Duress
Which legal concept provides that an employer can be held liable by a third party for the
unlawful or delictual acts performed by its employee during the course and scope of his or
her duties?
a. Specific Performance
b. Delictual Damages
c. Vicarious Damages
d. None of the above
Which of the following form part of the prerequisite for vicarious liability.
a. Unlawful conduct
b. Damages
c. None of the above
d. Negligence
Which organ of state is responsible for marking the law?
a. Executive
b. National Assembly
c. Parliament
d. Judicial
Section 25 (1) of Basic Conditions of Employment Act provides that female employee is
entitled to how months for maternity leave?
a. 3 Months
b. 2 Months
c. 4 months
d. 5 Months
Which source of law is described in the citation (reference) S v Mkwanyane 1995 (3) SA 391
(CC)?
a. Indigenous Law
b. Common law
c. Judicial Precedent
d. Constitutional Law
Which of the stakeholders is given preference if the company is declared in insolvent?
a. Creditors
b. Employees
c. Customers
d. Suppliers

Section B
1. Identify 4 role players in corporate governance.
2. Mention 3 elements of a delict that must be satisfied to establish liability.
3. What are the 2 important roles played by the banks in the functioning of the economy?
4. Provide 2 rights that are stipulated by Consumer Protection Act 68 of 2008.
5. Mention 2 documents the Master of High Court must have received before the letter of
executorship is issued.
6.The 4 values carried by the concept of ubuntu in the context of employment relationship

7. Provide 3 duties of director’s

8. List 5 different forms of breach of contract.

9. List 3 possible orders the execution of the contract can comprise of.
10. Identify 2 various forms of the legal remedies afforded to the innocent party.
11. Provide 3 factors that determines the availability of the respective remedies.
12. Mention 3 important pieces of legislation that introduce fairness into the employment
relationship.
13. How does these pieces of legislation introduce the following 4 mechanisms the impose an
element of fairness on the employment relationship?
a) Impose terms and conditions that are more favorable.
b) Safeguard employees against unfair dismissal.
c) Protection against unfair dismissal.
d) Protection against unfair labor practices.
e) Protection against unfair discrimination.

Section C
1. One of the newly appointed employees approaches you as a labor expert, seeking clarity
about conditions of the contract of employment. In your answer kindly provide 6 conditions of
contract of employment and examples applicable to each.
Scenario Questions
1. A loan X R500 on condition that X will pay back the money with the interest of 100 on the
30th April 2024. X default to pay back the money.
a. Who is the faulty party?
b. Motivate your answer?
c. How much is he supposed to pay back?
d. Which recourse does the affected party have to recover the amount form the defaulting
party.
2. Cash and Carry wholesaler hires John as a forklift operator. While moving a large crate to the
customer loading zone, John hits a customer’s car, damaging it. John was engaged in the duties
required by his employment; therefore, Cash and Carry is liable.
(i) What type of legal concept is this?
(ii) Define the above legal concept.
(iii) What are the three prerequisite for vicarious liability?

3. E (owner of property) enter into a lease agreement with P (tenant) on condition that P will
use the
property as storeroom for his belongings. E discovered that P uses the storeroom to sell drugs.
a) What type of order for the execution of the contract is this?
b) Define the above order for execution.
c) Which option does E have to stop continuing with this contract?

3. You are hired by the Department of Labor as an inspector, responsible for checking the
compliance of the companies as per the National Minimum Wage and Basic Conditions of
Employment Act. During the execution of your duties, you conducted inspection based on a
scenario.
Sizwe Sithole works for Caltex Garage as a petrol attendant.
He was hired as causal employee.
He only worked one week.
He works 7 hours a day, without taking a lunch break.
He works 7 days a week, of which Monday and Tuesday were holidays. He informs you that on
Friday there was a taxi strike as result, he did not _report on duty, but he was willing to come to
work. He is worried whether no work no pay rule will be applicable in this regard.
he earns R25.44 per hour.
Sizwe Sithole is not certain whether she is paid in accordance with the current National
Minimum Wage, he approaches you to calculate whether he is paid accordingly. He wants to
know how much he is paid during normal day, Sunday and Public holiday.
3.1 In assisting him indicate all the steps to prove how did you arrived to the answer, at the end
explain whether no work no pay rule will be applicable to him?
Only calculate one week given on the scenario.