Employment Law Compliance Guide

Summary

The Compensation for Occupational Diseases Act 130 of 1993 mandates employers to ensure a safe working environment. Independent contractors like Jack are not protected under the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997. For adoption leave, Mark is entitled to ten days unpaid parental leave, while Sean gets ten weeks unpaid adoption leave. International law can influence South African employment law. Employers must ensure workplace safety and fairness in disciplinary actions. KMJ Consulting Ltd should use an incapacity process to address Andrews alcohol dependency.

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The following person is not protected under the definition of employee in terms of the Labour Relations Act * of * and the Basic Conditions of Employment Act * of *: a. Bob who is permanently employed at a gas station and earns R200 * per year. / Bob wat permanent in diens is by 'n vulstasie en R200 * per jaar verdien. b. Jill who offers her services as a bookkeeper to Bookkeeping.com in exchange for remuneration. / Jill wat haar dienste as boekhouer aan Bookkeeping.com aanbied in ruil vir vergoeding. c. Jack who offers his services as independent contractor to many different employers. / Jack wat sy dienste as onafhanklike kontrakteur aan baie verskillende werkgewers bied. d. Sam who has been employed by the same company for 15 years and works *:*-*:* at the office every day. / Sam wat al * jaar by dieselfde maatskappy werk en elke dag *:*-*:* by die kantoor werk.
The person who is not protected under the definition of employee in terms of the Labour Relations Act * of * and the Basic Conditions of Employment Act * of * is:
c. Jack who offers his services as an independent contractor to many different employers.
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Mark and Sean are in a same-sex civil union and are in the process of adopting a baby. They have decided that after the adoption, Sean will be the primary caregiver for the baby and will, therefore, remain at home with the baby for the first few months after the adoption. Mark and Sean do not work for the same employer. the provisions of the Basic Conditions of Employment a. Both Mark and Sean will be entitled to either ten consecutive days paid parental leave, or ten consecutive weeks paid adoption leave from the date of the adoption b. Mark will be entitled to ten consecutive days unpaid parental leave from the date of the adoption and Sean will be entitled to ten consecutive weeks’ unpaid adoption leave from the date of the adoption c. Both Mark and Sean will be entitled to ten consecutive days unpaid parental leave from the date of the adoption d. Both Mark and Sean will be entitled to ten consecutive weeks’ paid adoption leave from the date of the adoption
Based on the provisions of the Basic Conditions of Employment Act:
- Mark will be entitled to ten consecutive days unpaid parental leave from the date of the adoption.
- Sean will be entitled to ten consecutive weeks’ unpaid adoption leave from the date of the adoption.
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True or False: Because South Africa has extensive legislation in place that regulates the relationship between employers and employees, international law is irrelevant to the employment relationship and the rights and obligations created by South African employment law. --------------------------------------- Waar of Onwaar: Omdat Suid Afrika uitgebreide wetgewing in plek het wat die verhouding tussen werkgewers en werknemers reguleer is internasionale reg irrelevant vir die diensverhouding en die regte en verpligtinge geskep deur Suid Afrikaanse arbeidsreg. Question * Answer a. True / Waar b. False / Onwaar
The correct answer is b. False / Onwaar. Although South Africa has extensive local legislation regulating the employment relationship, international law can still be relevant. South Africa is a member of the International Labour Organization (ILO) and is bound by international conventions and treaties that influence and shape its employment laws and practices.
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True or False: Because South Africa has extensive legislation in place that regulates the relationship between employers and employees, international law is irrelevant to the employment relationship and the rights and obligations created by South African employment law. --------------------------------------- Waar of Onwaar: Omdat Suid Afrika uitgebreide wetgewing in plek het wat die verhouding tussen werkgewers en werknemers reguleer is internasionale reg irrelevant vir die diensverhouding en die regte en verpligtinge geskep deur Suid Afrikaanse arbeidsreg. Question * Answer a. True / Waar b. False / Onwaar
Answer: b. False / Onwaar
International law can still be relevant in the employment relationship and the rights and obligations created by South African employment law, as South Africa may incorporate international labor standards into its domestic legislation.
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Abraham is an employee of Benjamin and works at an art gallery. Benjamin hires the famous DJ Xtra to play for an hour at the opening night of a new exhibition. While walking with a tray and serving a guest, Abraham trips over an extension cord that DJ Xtra failed to properly secure to the ground. The extension cord was not easily visible and a reasonable person would not have seen the loose extension cord. This results in Abraham spilling juice over one of the paintings which damages it. a. Abraham was negligent. b. Benjamin, as employer, does not have an obligation to ensure the safety of his employees. / c. Abraham is not entitled to substantive and procedural fairness should the employer take disciplinary steps against him. / d. The artist and owner of the painting cannot hold Benjamin vicariously liable for the conduct of DJ Xtra. /
Regarding the scenario with Abraham, the following points are relevant:
- a. Abraham was negligent: False. DJ Xtra was responsible for securing the extension cord.
- b. Benjamin, as employer, does not have an obligation to ensure the safety of his employees: False. Employers have a duty to ensure a safe working environment.
- c. Abraham is not entitled to substantive and procedural fairness should the employer take disciplinary steps against him: False. Employees are entitled to fairness in disciplinary actions.
- d. The artist and owner of the painting cannot hold Benjamin vicariously liable for the conduct of DJ Xtra: False. Benjamin may be held vicariously liable for the actions of DJ Xtra as he was hired for the event.
Do you need more detailed information on any of these points?
Abraham is an employee of Benjamin and works at an art gallery. Benjamin hires the famous DJ Xtra to play for an hour at the opening night of a new exhibition. While walking with a tray and serving a guest, Abraham trips over an extension cord that DJ Xtra failed to properly secure to the ground. The extension cord was not easily visible and a reasonable person would not have seen the loose extension cord. This results in Abraham spilling juice over one of the paintings which damages it. a. Abraham was negligent. b. Benjamin, as employer, does not have an obligation to ensure the safety of his employees. / c. Abraham is not entitled to substantive and procedural fairness should the employer take disciplinary steps against him. / d. The artist and owner of the painting cannot hold Benjamin vicariously liable for the conduct of DJ Xtra. /
Here's some relevant legal information for you:
- a. Abraham was not negligent. Negligence typically requires a breach of duty, foreseeability, and causation. Tripping over an unseen extension cord does not suggest negligence on Abraham's part.
- b. False. Employers have a duty to provide a safe working environment under South African law.
- c. False. Employees are entitled to substantive and procedural fairness in disciplinary actions.
- d. False. Benjamin may be vicariously liable for DJ Xtra’s negligence as he hired DJ Xtra for the event.
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Try again
It seems you have a series of multiple-choice questions relating to South African employment law. Here are concise answers and explanations for each:
*. Compensation for Occupational Diseases Act * of *: True/Waar. Employers have a duty to create a safe working environment.
*. Labour Relations Act * of * and Basic Conditions of Employment Act * of *: Jack, as an independent contractor, is not protected under these Acts.
*. Basic Conditions of Employment Act - Adoption Leave: Mark will be entitled to ten consecutive days unpaid parental leave, and Sean will be entitled to ten consecutive weeks’ unpaid adoption leave from the date of the adoption.
*. International Law and South African Employment Law: False/Onwaar. International law can be relevant as South Africa may incorporate international labor standards into its domestic legislation.
*. Negligence and Liability:
- a. Abraham was not negligent.
- b. False. Employers must ensure the safety of employees.
- c. False. Employees are entitled to fairness in disciplinary actions.
- d. False. Benjamin may be vicariously liable for DJ Xtra’s negligence.
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Choose the correct option: It has come to the attention of KMJ Consulting Ltd that one of their employees, Andrew, has an alcohol dependency problem. KMJ became aware of the issue when Andrew started arriving for work under the influence of alcohol a few times a week. On the basis of these facts, which one of the following options is a. KMJ Consulting Ltd may not dismiss Andrew on the basis of his alcohol dependency as he is not in a high-risk position. / b. KMJ Consulting Ltd may dismiss Andrew on the basis of their operational requirements. / c. KMJ Consulting Ltd will need to make use of an incapacity process to assist Andrew with his alcohol dependency problem. / d. KMJ Consulting Ltd may dismiss Andrew for misconduct as he has reported for work on more than one occasion whilst under the influence of alcohol. /
Option c. KMJ Consulting Ltd will need to make use of an incapacity process to assist Andrew with his alcohol dependency problem.
Employers are generally required to attempt to assist employees with incapacity issues, such as alcohol dependency, before considering dismissal.
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Choose the correct option: It has come to the attention of KMJ Consulting Ltd that one of their employees, Andrew, has an alcohol dependency problem. KMJ became aware of the issue when Andrew started arriving for work under the influence of alcohol a few times a week. On the basis of these facts, which one of the following options is a. KMJ Consulting Ltd may not dismiss Andrew on the basis of his alcohol dependency as he is not in a high-risk position. / b. KMJ Consulting Ltd may dismiss Andrew on the basis of their operational requirements. / c. KMJ Consulting Ltd will need to make use of an incapacity process to assist Andrew with his alcohol dependency problem. / d. KMJ Consulting Ltd may dismiss Andrew for misconduct as he has reported for work on more than one occasion whilst under the influence of alcohol. /
KMJ Consulting Ltd will need to make use of an incapacity process to assist Andrew with his alcohol dependency problem.
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