LABOUR LAW

LLBR2614 Introduction and General Information

T: 051 401 9111 info@ufs.ac.za www.ufs.ac.za

LECTURER INFORMATION

• Learning units 1-3

– Ms Gerda du Toit
– dutoitg@ufs.ac.za
– 051 401 3670

• Learning units 4-8

– Prof Denine Smit
– SmitDM@ufs.ac.za
– 051 401 3593

• Please ensure that you contact the correct lecturer regarding your
query. Contacting the wrong lecturer may result in delayed feedback.
WELCOME!!!

Welcome to this course in Labour Law. Through this

course, you will be equipped with basic legal principles as
well as specific principles of labour law as it applies to
commerce in everyday life. You will be able to apply the
knowledge you have gained in this course not only in your
professional career but also in your personal affairs.
GENERAL INFORMATION

The purpose of this module is tow fold: firstly it is to

introduce you to the development of South African law;
basic legal concepts, the law of delict and the law of
contract. Secondly, it is to equip you with applicable labour
law principles with an emphasis on the employment
contract. Applicable social legislation relevant to the
employer/employee relationship will be introduced and
includes: unemployment insurance, occupational
injuries and diseases, occupational health and safety
and skills development. To achieve these aims, formal
lectures, electronic media and textbooks, excerpts from
textbooks, lecture notes, slides, case studies, self-study
opportunities and assignments will be used.
LEARNING OUTCOMES

On completion of this module students should be able to:

• Provide an overview on the origin and development of South African law.
• Understand and apply basic legal concepts.
• Understand and critically explain the principles pertaining to the law of
delict.
• Understand and critically explain the principles pertaining to the law of
contract.
• Understand and critically explain the principles pertaining to the contract
of employment and the employer–employee relationship.
• Critically interpret the Unemployment Insurance Act 63 of 2001.
• Critically interpret the Occupational Health and Safety Act 85 of 1993.
• Critically interpret the Compensation for Occupational Injuries and
Diseases Act 130 of 1993.
• Critically interpret the Skills Development Act 97 of 1998.
LEARNING UNITS

• LU1: Origin and history of SA law and legal

concepts
• LU2: Law of Delict
• LU3: Law of Contract
• LU4: Contract of employment; employer and
employee
• LU5: Unemployment Insurance Act 63 of 2001
• LU6: Occupational Health and Safety Act 85 of 1993
• LU7: Compensation for Occupational Injuries and
Diseases Act 130 of 1993
• LU8: Skills Development Act 97 of 1998
LAYOUT OF LEARNING UNIT CONTENT

LEARNING UNIT 1: ORIGIN AND HISTORY OF SOUTH

AFRICAN LAW AND LEGAL CONCEPTS 17
1.1 Introduction 17
1.2 Learning Outcomes 18
1.3 Preparation and Unit-Specific Study Material 18
1.4 Review Questions and Exercises 19

NOTE: LU1-3 Each learning outcome is presented under

a relating theme in the study notes.
STUDY MATERIAL

• Learning unit 1-3: Selections from D Kleyn (ed) et al. –

Beginner's guide for Law Students, 5th edition, (JUTA) and CJ
Nagel (ed) – Commercial Law, 4th edition, (Lexis Nexis). These
books need not be acquired. The relevant excerpt adaptations will
be made available on BlackBoard.

• Learning units 4-8: The prescribed textbook in this module is Du

Plessis & Fouchè – A Practical Guide to Labour Law, 9th edition,
2019 (LexisNexis Butterworths). It is required to purchase this
textbook. Students enrolled for LLBR2624 in the second
semester will continue with this prescribed book.

• Additional study material as presented in class and

communicated on Blackboard.
ASSESSMENTS: CONTINUOUS ASSESSMENT
Assessments Weight Dates – Subject to change *
Online Electronic Test One: Multiple choice questions (Ms 15% of the final mark 9 March 2023
Du Toit) LU1 30 questions Open during class 14:10-15:00
Alternative: Online Electronic Test One Multiple choice 30 marks 16 March 2023
questions (Ms Du Toit) LU1 45 minutes Open during class 14:10-15:00
You will only be allowed to participate in ONE online electronic Test One opportunity.
Face-to-Face Test One: Written test – closed book (Ms Du 35% of the final mark 3 April 2023
Toit) LU2&3 Multiple questions During class
35 marks 14:00-15:00
60 minutes Venue to be confirmed
Alternative: Face-to-Face Test One Written test – closed 6 April 2023
book (Ms Du Toit) LU2&3 During class
14:00-15:00
Venue to be confirmed
You will only be allowed to participate in ONE face-to-face Test One opportunity.
Face-to-Face Test Two: Written test – closed book (Prof 35% of the final mark 8 May 2023
Smit) LU4-6 Multiple questions During class
35 marks 14:00-15:00
60 minutes Venue to be confirmed
Alternative: Face-to-Face Test Two Written test – closed 15 May 2023
book (Prof Smit) LU4-6 During class
14:00-15:00
Venue to be confirmed
You will only be allowed to participate in ONE face-to-face Test Two opportunity.
Online Electronic Test Two: Multiple choice questions 15% of the final mark 22 May 2023
(Prof Smit) LU7&8 30 questions Open during class 14:10-15:00
Alternative: Online Electronic Test Two: Multiple choice 30 marks 25 May 2023
questions (Prof Smit) LU7&8 45 minutes Open during class 14:10-15:00
You will only be allowed to participate in ONE online electronic Test Two opportunity.

*Please see the official timetable for the Faculty of Law on the times and dates for each of these
assessments. It is your responsibility to confirm the times, dates, venues and submission dates
on the official timetables as applicable.
ASSESSMENTS: MCQS

• YOU ARE RESPONSIBLE TO SECURE YOUR OWN

ACCESS TO THE COMPUTER LAB OR ENSURE
THAT YOU HAVE ALTERNATIVE ACCESS TO A
COMPUTER TO TAKE THE ONLINE MCQ’S.
• CAMPUS DOES NOT HAVE LOADSHEDDING, SO IF
THE MCQ SESSION IS DURING LOADSHEDDING
OR ALTERNATIVE POWER OUTAGES YOU CAN
WRITE ON CAMPUS.
• REMEMBER TO BOOK YOUR SLOT IN THE
COMPUTER LABS IN ADVANCE.
ASSESSMENT: WRITTEN TEST

• The scheduled time for written tests is 14:00-15:00.

• The venues will be confirmed closer to the scheduled
dates.
• You are advised to organise your schedule for the day
to be at the venue BEFORE 14:00 as arriving only at
14:00 or later limits the time you have to complete the
test.
ASSESSMENT RULES

Please see the 2022/23 assessment policy for

students at the Law Faculty

• NO CATCHUP OPPORTUNITIES ARE AVAILABLE

• YOU MAY ONLY COMPLETE ONE ASSESSMENT FOR
EACH OPPORTUNITY
• If you do not take part in an assessment opportunity, you
can automatically take the alternative.
• HOWEVER, IF YOU MISS BOTH THE MAIN AND
ALTERNATIVE ASSESSMENTS, YOU WILL FORFEIT
ALL MARKS FOR THAT ASSESSMENT. NO CATCHUP
OPPORTUNITIES ARE AVAILABLE.
LECTURE TIMES:

• Mondays: 14:10 – 15:00 South Block 1

• Thursdays: 14:10 – 15:00 – Online Collaborate
discussion sessions

• If required, lecturers may change this arrangement.

• It is your responsibility to confirm any amendments
made on the schedule.
• PLEASE ENSURE THAT YOUR VIDEO AND
MICROPHONE ARE TURNED OFF DURING
COLLABORATE SESSIONS.
BLACKBOARD CONTENT

LLBR2614 MAIN On Prof Smit

• Home Page • Prof Smit Introduction and Assessment
discussion
• Navigating my Module
• LU4 Contract of employment; employer and
______________________ employee
• Your lecturers • LU5 Unemployment Insurance Act
• Study Guide, study notes &prescribed • LU6 Occupational Health and Safety Act
textbook • LU7 Compensation for Occupational Injuries
• Module Program and Diseases Act
• Prof Smit & s Du Toit Introduction • LU8 Skills Development Act
______________________
• Announcements
Assessments
• Blackboard Collaborate
• MCQ1 & Alternative
______________________ • Test1 & Alternative
Ms Du Toit • Test2 & Alternative
• LU1 Origin and history of SA law and legal • MCQ2 & Alternative
concepts ______________________
• LU2 Law of Delict • Student Help
• LU3 Law of Contract • How to Videos
COMMUNICATING WITH YOUR LECTURER

• When communicating with your lecturers via email, please ensure to use the
correct etiquette and structure in composing your email.
• Only communicate through your UFS4life email address as this is the official
communication line between UFS staff and students.
• Address the correct lecturer for your enquiry.
• In the subject line, clearly indicate the module code and reason for the email.
E.g.: LLBR2614 - Request for appointment.
• Always start with a greeting. E.g.: Good morning Prof Smit/ Good day Ms Du
Toit
• Be concise in your request or communication you want to convey and provide
a logical account.
• End the email off by clearly identifying yourself by student number and
surname. E.g.:
Kind regards
RT Mofokeng
Student number: 2017086750
PREPARATION FOR CLASS:

Preparation material for Thursday 23 February 2023 – Online Collaborate class

LU1

1. Briefly explain what the law and its purpose are;

2. Provide an overview of the origin and historical development of South African law
3. Identify and discuss the different sources of South African law;
4. Provide practical examples of transformative constitutionalism and decolonisation;
5. Differentiate between positive (objective) and subjective law;
6. Explain what a legal subject is;
7. Identify and discuss subjective rights as it applies to legal subjects;
8. Distinguish between public, private and mercantile law; and
9. Distinguish between civil and criminal law
10. Identify and compare the elements of a crime, delict and contract.
11. Distinguish between a debtor and a creditor.
12. Explain the transfer of rights and duties.

Please prepare the study notes on LU1 for themes 1-6 on pages 1-19.
MONDAY MOTIVATION
T: 051 401 9111 info@ufs.ac.za www.ufs.ac.za