LLW2601 EXAM

JANUARY/FEBRUARY 2022

UNIVERSITY EXAMINATIONS

January/February 2022

LLW2601

Individual Labour Law

80 Marks
Duration: 24 Hours

First examiner: Ms M Mulaudzi

Second examiner: Dr B Vambe

This paper consists of 8 pages.

INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE

ANSWERING THE EXAMINATION QUESTIONS.

1. The examination question paper counts 80 marks.

2. It consists of FOUR (4) questions. Answer ALL of the questions.

3. The duration of the examination is 24 hours. Your answers must be submitted via
the myExams platform on 02 March 2022 on or before 10:30 am (South African
Standard Time).

4. This is an open-book examination. You may consult your prescribed study material
during the examination.

5. This examination is not proctored via the Invigilator App.

6. SUBMISSION OF YOUR EXAMINATION ANSWER FILE

Your answer to this portfolio or take-home examination must be submitted online on

the myExams platform.

6.1 Access myExams at https://myexams.ac.za/portal and login using your student

number and myUnisa password.

6.2 Go to your specific examination site through the site tabs on the horizontal
navigation bar. Also check your Sites link in the top right-hand corner if you do not
find the site on the horizontal navigation bar.

PAGE 1 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

6.3 Once the site has loaded, select the eAssessment tool from the left-navigation
menu

6.4 The list of all available assessments in the site will be displayed.

6.5 Select the assessment for which you want to upload the examination answer file by
clicking on the title of the assessment in the list. A new page will open.

6.6 Submit your examination answer file.

You are allowed to attach ONE PDF file.

Under Attachments, click the Choose File button to browse for a file on your
device.

Once you have attached your answer file, the name of the file, as well as the file
size and upload time stamp will be displayed under Attachments.

Tip: You may click Remove to remove the attachment if you selected the wrong
file.

Tip: Select the honour pledge. Students MUST tick the honour pledge before
submission if it appears on the screen. A student will not be able to submit the
assessment if he/she did not tick the honour pledge.

PAGE 2 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

When you are ready and satisfied that you have the correct answer file, click the
Submit button to complete your assessment submission.

Tip: If you are not yet ready to submit, you may click Preview to preview the
submission, or Save Draft to save your submission and submit it later. Click
Cancel to exit the assessment without saving or submitting.

You are advised to preview your submission to ensure that it is legible and that the
correct answer file has been uploaded.

Time permitting, you will be allowed to resubmit your exam file twice.

6.7 Submission confirmation

Once you have submitted your assessment, you will receive a confirmation message
on the screen. Make a screen copy for your records. In addition, if you have opted
to receive email notifications, you will also receive an email confirmation of your
submission.

7. The cover page to your take-home exam must include your name, student number
and the module code.

8. It is preferred that your portfolio is typed. However, handwritten submissions will also
be accepted. If the portfolio is typed, the maximum length is FIVE (5) pages (which
excludes the cover page and the bibliography). If the portfolio is handwritten, the
maximum length is SEVEN (7) pages (which excludes the cover page and the
bibliography).

9. Whether your answers are typed or handwritten, your submission on the myExams
platform must be made in the form of one PDF document.

9.1 The exam answer file that you submit must not be password protected or uploaded
as

9.2 Your examination answer file will not be marked if:

9.2.1 you send your examination answer file via email.

9.2.2 you submit the incorrect examination answer file.

PAGE 3 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

9.2.3 you submit your exam answer file on an unofficial examination platform (including
the invigilator cellphone application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late.

9.3 The mark awarded for an incomplete examination answer file submission will be
your final mark. You will not be allowed to resubmit after the scheduled closing
date and time of the exam.

9.4 The mark awarded for an illegible examination answer file submission will be your
final mark. You will not be allowed to resubmit after the scheduled closing date and
time of the exam.

10. If your answers are typed, ensure that the following requirements are adhered to.
Items 10.3-10.6 applies to written assignments as well.

10.1 The text must be typed in Arial font, size 12 with single line spacing within the
paragraph, and double line spacing after the paragraph.

10.2 The text must be justified.

10.3 All of the pages must be numbered in the right hand corner at the bottom of the
page.

10.4 All margins must be 2.5cm, but the left margin must be 3cm.

10.5 South African English and not American English should be used. For example, the

10.6 Do not use abbreviations or SMS language.

10.7 All quotes that are two lines long (or less), must form part of the main text, be written
in italics, and be bracketed by quotation marks. Where a quotation is longer than
two lines, it must be typed in a separate paragraph in italics in size 11 font and must
be indented by 1 cm. No quotation marks are required when the quotations stand
alone. Use quotations very sparingly. In this take-home exam, a maximum of 5% of
the text may be quoted.

11. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so.

11.1 Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are therefore assessed on your
level of understanding of the legal principles by looking at how well you applied the
principles to the questions.

PAGE 4 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

11.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR
ANY OTHER SOURCE).

12. The arguments that you make must be logical, well-structured and substantiated by
all of the relevant legal principles. You are given 24 hours (not 2 hours) to complete
the take-home exam. Use the time given wisely.

12.1 Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text or in your footnotes.

12.2 You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law
to support your answer, please include complete references to the relevant cases in
your footnotes. This means that you must not only include the name of the case but
also the exact page and section and/or paragraph where the information can be
found. The same applies to articles and books used.

12.3 A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles. Deal only with those principles that relate
to the given facts. Next, apply these principles to the facts. This is where most of the
students lose marks - they set out the law in some detail, but then do not illustrate
how it applies to the factual situation they have been asked to solve. Finally, state
your conclusion.

13. By ticking the Honour Pledge, you confirm that you have read (i) the
Policy on Copyright Infringement and Plagiarism and the Student
Disciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.

13.1 Students suspected of dishonest conduct during the examination will be subjected
to disciplinary processes. UNISA has a zero tolerance for plagiarism and/or any
other forms of academic dishonesty.

PLEASE NOTE:

If you experience technical problems of any kind on the day(s) of the examination (including
network or load-shedding challenges) and your examination answers are not submitted by
the cut-off time, please apply online for an aegrotat exam within 3 days of the examination
session. Include supporting documentation with your application.

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or
email [email protected] or refer to Get-Help for the list of additional contact
numbers.

PAGE 5 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

QUESTION 1

1.1 Company A employs Lucky, a foreign national without asking for a work permit.
Two months down the line, Company A discovers that Lucky does not have a
valid work permit. Three months thereafter, Company A informs Lucky that his
employment will be terminated with immediate effect and that he will not receive
his salary for the month because he does not have a valid work permit.

Discuss fully whether it was legal for Company A to employ Lucky without a
valid work permit, dismiss him summarily and withhold his salary.
(10)

1.2 Jack works as a security guard for Safety First (Pty) Ltd. The following clause
is contained in

The employee herewith agrees that after the termination of this contract of

competitors in Johannesburg for a period of six months

Discuss the nature of the clause quoted above and list the five questions that
the court will ask to determine whether this type of clause is reasonable.

(10)

[TOTAL FOR QUESTION 1: 20 MARKS]

QUESTION 2
Kelly applies for employment at Company P. She is four months pregnant when she
is interviewed for the position and does not disclose this information to Company P.
Kelly is successful in her job application and is appointed. She informs Company P of
her pregnancy shortly after assuming employment. Company P dismisses Kelly for
dishonesty by not disclosing her pregnancy during the interview. Answer the following
questions based on this scenario:

2.1. Identify the ground of dismissal used by Company A to dismiss Kelly. Further
advise Kelly about the fairness of her dismissal and appropriate recourse.
(5)

2.2.
undergo a pregnancy test (a medical test) before they can be considered for
the job. Discuss the validity of this requirement.
(5)

PAGE 6 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

2.3. ause:

The employee will be entitled to one-month maternity leave

Discuss the validity of this clause in terms of the Basic Conditions of

Employment Act 75 of 1997.
(10)

[TOTAL FOR QUESTION 2: 20 MARKS]

(10)

3.2 Nicky works for Company Y as a store manager. The Company has an early
retirement scheme in place. Employees wishing to enter the early retirement
scheme must be 50 years old. The Company, however, still has the discretion
to refuse employees entry into the scheme. Nicky is 50 years old and she
applies for entry into the scheme. The Company refuses her entry into the

scheme and the company has decided that she cannot enter the scheme. Nicky
is aggrieved by this and she approaches you for advice. She would like to know
if the Company is entitled to refuse her the benefit of entry into the early
retirement scheme.

PAGE 7 OF 8
 LLW2601 EXAM
JANUARY/FEBRUARY 2022

Advise Nicky regarding the remedy available to her, what it entails and whether
she will succeed in proving such remedy.
(10)

[TOTAL FOR QUESTION 3: 20 MARKS]

QUESTION 4

Maggy works as a sales representative for Company X where Brenda is her

supervisor. During March 2018, Brenda called Maggy to her office and told her that
she (Brenda) is having an affair with Arnold, a married co-employee. Maggy made it
clear that she finds this to be unacceptable and she disapproves of it. The relationship
between Maggy and Brenda soured after this incident. Shortly thereafter, Brenda

needed charging. Maggy fetched a new phone with a charger from the storeroom and
handed the new charger to Brenda. She, however, kept the phone. During April 2018,
Maggy is informed by Brenda that there is an investigation relating to stolen cellular
phones. Maggy immediately acknowledges that she has a Nokia 3310 phone,
belonging to the employer, at her home and that she will bring it back the next day,
which she does. The employer charges Maggy with unauthorised removal of and
possession of a Nokia 3310 phone belonging to the employer without permission.

unauthorised. She is consequently found guilty of misconduct and is dismissed. Maggy

is shocked that she is dismissed because two months ago another employee of
Company X, Martha, committed the same misconduct but she was only given a final
written warning. Answer the following questions:

4.1. Discuss the requirements of a substantively fair dismissal and whether Maggy
can make out a case that her dismissal was substantively unfair?
(10)

4.2. Discuss the requirements of a procedurally fair dismissal and whether Maggy
can make out a case that her dismissal was procedurally unfair?
(10)

TOTAL FOR QUESTION 4: 20 MARKS]

TOTAL: 80 MARKS

©
UNISA 2021

PAGE 8 OF 8