* Choose the correct option:
Melissa works at Fish4All (Pty) Ltd. She has a family reunion in Ceres in November and applies for annual leave which she intends to take on * November *. Her line manager ignores her request. The line manager does not provide her feedback as to whether her leave has been approved or not. Melissa decides to attend the family reunion anyway and does not come to work on * November *. Upon her return to work, Melissa is informed by her manager that she has been dismissed. Would such a dismissal be fair?
(a) (b)
(c) (d)
* *
The dismissal would be an automatically unfair dismissal.
The dismissal would be fair as Melissa took leave without permission, which is gross insubordination.
The dismissal may be unfair, if Melissa’s former employer is unable to prove that her dismissal was procedurally and substantively fair.
None of the above
Based on the scenario presented, the correct option is:
**(c) The dismissal may be unfair, if Melissa’s former employer is unable to prove that her dismissal was procedurally and substantively fair.**
Key Points:
- **Procedural Fairness**: Employer must follow a fair procedure before dismissing an employee.
- **Substantive Fairness**: There must be a fair reason for the dismissal.
Would you like more information on procedural or substantive fairness in dismissals in South Africa?
True or False:
Union busting is described as a range of activities which aim to disrupt or prevent the formation of trade unions or their attempts to grow their membership in a workplace. In the context of South African labour legislation such activities are permitted.
(a) (b)
* *
True False
False.
Union busting activities are not permitted under South African labour legislation. The Labour Relations Act protects the rights of workers to join trade unions and engage in union activities.
Would you like more information on employees’ rights regarding union activities in South Africa?
True or False:
Jennifer is a student at Stellenbosch University. Since * January *, she has worked part- time at a restaurant in Dorp Street to supplement the pocket money she receives from her bursary. She works * hours a day on Saturdays and * hours a day on Sundays. The restaurant employs * people and was opened in *. On * August *, the staff at the restaurant is notified that there is a vacancy for an Assistant-Manager Position, which will be filled internally. Jennifer attempts to apply but is told that she is not allowed to do so as she is a part-time employee. The owner of the restaurant tells Jennifer that this prohibition is allowed in terms of the Labour Relations Act. Jennifer wishes to know if what the owner has told her is True or False.
False.
The Labour Relations Act in South Africa does not permit discrimination against part-time employees regarding promotions or internal job opportunities. Jennifer should be allowed to apply for the Assistant-Manager position if she meets the other requirements for the role.
* * Choose the correct option:
Michael, Jason and Nthabiseng work for Feathered Friends, a charity organisation which trains emotional support peacocks. None of the above-named persons are paid a monthly salary, but they are offered an incentive by the organisation in terms of which they will receive Takealot vouchers if they manage to achieve their monthly training targets.
(a) (b)
(c) (d)
* *
(* mark)
Michael, Jason and Nthabiseng will not be able to claim protections in terms of labour legislation.
Michael, Jason and Nthabiseng may be able to claim protections in terms of labour legislation is they are able to prove that they in fact employees of Feathered Friends and the incentives are remuneration for services rendered.
Michael, Jason and Nthabiseng will be able to claim protections in terms of labour legislation.
None of the above
Hi there! I'd be happy to help with your legal question. Based on the information provided, it seems you are seeking to determine the correct option regarding whether Michael, Jason, and Nthabiseng can claim protections under labour legislation.
The correct option is:
**(b) Michael, Jason and Nthabiseng may be able to claim protections in terms of labour legislation if they are able to prove that they are in fact employees of Feathered Friends and the incentives are remuneration for services rendered.**
Would you like more information on how to prove employee status in South Africa?
* *
(* mark)
Michael, Jason and Nthabiseng will not be able to claim protections in terms of labour legislation.
Michael, Jason and Nthabiseng may be able to claim protections in terms of labour legislation is they are able to prove that they in fact employees of Feathered Friends and the incentives are remuneration for services rendered.
Michael, Jason and Nthabiseng will be able to claim protections in terms of labour legislation.
None of the above
Choose the correct option:
You work at SunCorp (Pty) Ltd (“SunCorp”), a solar-panel manufacturing and installation company as the Senior Legal Advisor. There is a rumour in the office that the Chief Executive Officer, Jonathan Dove has been bribing various officials in order to obtain tenders from the government to manufacture and install solar panels at schools in under-resourced areas. An employee, Mr X of SunCorp discloses this information to the office of the Public Protector, and a journalist for Die Beeld, which subsequently launches an investigation on the basis of the information disclosed. Jonathan is furious and approaches you for advice as to whether disciplinary action can be taken against Mr X.
(a) (b) (c) (d)
* *
(* mark)
No disciplinary action may be taken against Mr X as his disclosure was protected in terms of the Protected Disclosures Act * of *.
Disciplinary action may be taken against Mr X for the potential damage the disclosure may cause SunCorp’s reputation.
The disclosure by Mr X will only be a protected disclosure in terms of the Protected Disclosure Act * of * if it was based on facts and made in good faith.
None of the above
Sure, I can help clarify these legal questions. Let's address them one at a time:
Question *:
Michael, Jason, and Nthabiseng work for Feathered Friends, receiving Takealot vouchers instead of a salary. Can they claim protections under labour legislation?
The correct option is:
**(b) Michael, Jason, and Nthabiseng may be able to claim protections in terms of labour legislation if they are able to prove that they are in fact employees of Feathered Friends and the incentives are remuneration for services rendered.**
Question *:
Can disciplinary action be taken against Mr X for disclosing information about the alleged bribery by the CEO?
The correct option is:
**(a) No disciplinary action may be taken against Mr X as his disclosure was protected in terms of the Protected Disclosures Act * of *.**
Would you like more information on how to prove employee status or the protections under the Protected Disclosures Act?
* *
(* mark)
No disciplinary action may be taken against Mr X as his disclosure was protected in terms of the Protected Disclosures Act * of *.
Disciplinary action may be taken against Mr X for the potential damage the disclosure may cause SunCorp’s reputation.
The disclosure by Mr X will only be a protected disclosure in terms of the Protected Disclosure Act * of * if it was based on facts and made in good faith.
None of the above
True or False:
Per the provisions of the Basic Conditions of Employment Act an employee is entitled to a meal interval of one hour after having worked continuously for eight hours.
Regarding Mr. X and the Protected Disclosures Act:
**Correct Option:**
- **(c) The disclosure by Mr X will only be a protected disclosure in terms of the Protected Disclosures Act * of * if it was based on facts and made in good faith.**
Meal Interval Provision:
**True or False:**
- **True.** Per the Basic Conditions of Employment Act, an employee is entitled to a meal interval of one hour after having worked continuously for five hours.
Would you like more information on the Protected Disclosures Act or the Basic Conditions of Employment Act?
True or False:
Per the provisions of the Basic Conditions of Employment Act an employee is entitled to a meal interval of one hour after having worked continuously for eight hours.
True or False:
Per the provisions of the Basic Conditions of Employment Act an employee is entitled to a meal interval of one hour after having worked continuously for eight hours.
True or False:
Per the provisions of the Basic Conditions of Employment Act an employee is entitled to a meal interval of one hour after having worked continuously for eight hours.
True or False:
Per the provisions of the Basic Conditions of Employment Act, an employee is entitled to a meal interval of one hour after having worked continuously for eight hours.
**False.**
According to the Basic Conditions of Employment Act, an employee is entitled to a meal interval of one hour after having worked continuously for five hours.
Would you like more information on meal intervals or any other aspect of the Basic Conditions of Employment Act?
* *
True False
Choose the correct option:
Which of the following statements is a correct reflection of the legal position relating to an employee’s family responsibility leave entitlement in terms of the Basic Conditions of Employment Act?
(a) (b) (c)
(d)
* *
(* mark)
An employee who does not use all of their family responsibility leave days during a particular leave cycle may carry over unused days to the next leave cycle.
An employee is not entitled to be paid for the days on which they take family responsibility leave.
All employees who work for an employer for at least four days a week, and who has been employed for at least four months, will be entitled to three days family responsibility leave per year.
An employees family responsibility leave cycle corresponds with the employee’s sick leave cycle
Hi there! I'd be happy to help clarify the correct legal position regarding an employee's family responsibility leave entitlement under the Basic Conditions of Employment Act. To assist you better, could you confirm if you need information on:
- **The carryover of unused family responsibility leave days?**
- **Whether employees are paid during family responsibility leave?**
- **Eligibility and entitlement to family responsibility leave?**
- **The correspondence between family responsibility leave and sick leave cycles?**
Please let me know which specific aspect you'd like more details on.
Which of the following statements is a correct reflection of the legal position relating to an employee’s family responsibility leave entitlement in terms of the Basic Conditions of Employment Act?
(a) (b) (c)
(d)
* *
(* mark)
An employee who does not use all of their family responsibility leave days during a particular leave cycle may carry over unused days to the next leave cycle.
An employee is not entitled to be paid for the days on which they take family responsibility leave.
All employees who work for an employer for at least four days a week, and who has been employed for at least four months, will be entitled to three days family responsibility leave per year.
An employees family responsibility leave cycle corresponds with the employee’s sick leave cycle.
The correct reflection of the legal position relating to an employee’s family responsibility leave entitlement under the Basic Conditions of Employment Act in South Africa is:
**(c) All employees who work for an employer for at least four days a week, and who has been employed for at least four months, will be entitled to three days family responsibility leave per year.**
Would you like more information on family responsibility leave entitlements?
True or False:
An employee who terminates their contract of employment as a result of ongoing mental and emotional abuse by their employer has not been dismissed.
False. An employee who terminates their contract of employment due to ongoing mental and emotional abuse by their employer may claim constructive dismissal. This is recognized under South African labour law if the employee can prove intolerable work conditions forced their resignation.
Would you like more information on constructive dismissal in South Africa?
Lulama starts working for Premier Accountants (Pty) Ltd on * January *. Lulama’s annual leave cycle will run from * January to * December every year.
(a) True
(b) False
To determine whether Lulama's annual leave cycle will run from * January to * December every year, we need to understand how annual leave cycles are calculated under South African labor law.
Key Points:
- An annual leave cycle in South Africa typically starts from the date of employment and runs for 12 months.
- If Lulama starts working on * January, her leave cycle should start from that date and run until * January the following year.
Therefore, the statement is:
**(b) False**
Would you like more information on how annual leave cycles are determined under South African labor law?
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