LABOUR LAW 1.
1 (HR) - REVISION
QUESTIONS
IN NO WAY DOES THIS SERVE AS SCOPE FOR EXAM. THESE ARE REVISION
QUESTIONS TO ASSIST IN PREPARATION OF AN EXAM.
Match the Column Questions (15 Marks)
Column A Column B
1. Labour Relations Act A. Governs collective bargaining and
trade union rights
2. Basic Conditions of Employment Act B. Sets minimum conditions for
employment
3. Employment Equity Act C. Prohibits unfair discrimination in the
workplace
4. Skills Development Act D. Promotes learning and skills
acquisition in the workforce
5. Collective Agreement E. Result of negotiations between
employer and union
6. Common Law F. Unwritten body of law developed
through court decisions
7. Constitution G. Supreme law of the land
8. International Labour Standards H. Agreements developed by ILO
9. Contract of Employment I. Individual agreement outlining terms of
employment
10. Ministerial Determination J. Set conditions for specific sectors
11. Sectoral Determination K. Made by Minister after research and
consultation
12. Adoptive Parent L. Recognised legal guardian of adopted
child
13. Public Employment Services M. Free government service assisting
work seekers
14. Night Work N. Work performed after 18:00 and before
06:00
15. Learnership O. Structured learning that leads to a
qualification
True or False Questions (15 Marks)
1. The Constitution is considered subordinate to ordinary legislation.
2. A collective agreement can override the Constitution.
3. Common law plays no role in labour law today.
4. The Employment Equity Act focuses on eliminating unfair discrimination.
5. Public holidays are regulated by the Public Holidays Act.
6. Maternity leave must be paid by all employers under the BCEA.
7. An employee earning above the earnings threshold is still entitled to maternity leave.
8. The Labour Relations Act was enacted to give effect to Section 23 of the Constitution.
9. Sectoral determinations can set conditions below the BCEA minimums.
10. An employer can refuse UIF benefits to a qualifying employee.
11. The Occupational Health and Safety Act applies to all workplaces including mines.
12. A restraint of trade clause is always unenforceable.
13. An employment contract must be in writing to be valid.
14. A person who works more than 40 hours per month is presumed to be an employee.
15. An employment relationship must exist for vicarious liability to apply.
Multiple Choice Questions (20 Marks)
1. 1. Which Act governs minimum wage in South Africa?
• A. LRA
• B. EEA
• C. NMWA
• D. SDA
2. 2. Which of the following is NOT a source of Labour Law?
• A. Constitution
• B. Textbooks
• C. Statutes
• D. Collective Agreement
3. 3. What does the BCEA primarily deal with?
• A. Skills training
• B. Employment equity
• C. Employment conditions
• D. Safety at work
4. 4. What is the highest law in South Africa?
• A. LRA
• B. Constitution
• C. Common Law
• D. Public Service Act
5. 5. Which Act addresses health and safety in the workplace?
• A. COIDA
• B. SDA
• C. OHSA
• D. EEA
6. 6. Which term refers to work done between 6 PM and 6 AM?
• A. Shift Work
• B. Night Work
• C. Flexible Work
• D. Rotational Work
7. 7. Which of the following is a requirement for maternity UIF benefits?
• A. Over 18 years old
• B. 13 weeks of employment
• C. Minimum wage earner
• D. Full-time contract
8. 8. Which test considers all aspects of a working relationship?
• A. Control Test
• B. Multiple Test
• C. Dominant Impression Test
• D. Direction Test
9. 9. Collective labour law governs relationships between:
• A. Employee and employer
• B. Employer and trade union
• C. Two employees
• D. Labour and courts
10. 10. The Labour Relations Act was passed in which year?
• A. 1993
• B. 1994
• C. 1995
• D. 1996
11. 11. Which Act provides for compensation for injuries at work?
• A. COIDA
• B. OHSA
• C. UIA
• D. LRA
12. 12. Which of the following is a justifiable reason for pay difference?
• A. Gender
• B. Race
• C. Qualifications
• D. Religion
13. 13. Which of the following best defines a ‘contributor’ under UIA?
• A. Unemployed person
• B. Any employed person
• C. Employee who pays UIF
• D. Employer
14. 14. The term 'contract of employment' refers to:
• A. Sectoral ruling
• B. Agreement between employer and employee
• C. Collective rule
• D. Public law
15. 15. Which of these is considered unfair discrimination?
• A. Paying more based on performance
• B. Differentiation based on religion
• C. Promotion based on skills
• D. Hiring from within
16. 16. Which one is NOT an exception to public holiday pay?
• A. Security officers
• B. Unpaid volunteers
• C. State Security Agency
• D. Senior managers
17. 17. Who is regarded as a dependant under COIDA?
• A. Friend of deceased
• B. Colleague
• C. Widow married under civil law
• D. Sibling
18. 18. The role of the NMW Commission includes:
• A. Organising unions
• B. Reviewing minimum wages
• C. Enforcing tax law
• D. Paying bonuses
19. 19. Restraint of trade clauses are judged by:
• A. Employer’s discretion
• B. Worker’s agreement
• C. Reasonableness
• D. Parliament
20. 20. Which of the following forms part of collective bargaining?
• A. UIF registration
• B. Determining employment contract
• C. Negotiating wages
• D. Medical benefits
Short Answer Questions (50 Marks)
1. Explain the difference between individual and collective labour law.
2. List and describe any four sources of labour law.
3. What role does the Constitution play in shaping labour law?
4. Explain why common law remains relevant in modern labour law.
5. Define ‘collective agreement’ and explain its significance.
6. What are the legal requirements for maternity leave under the BCEA?
7. How does section 83A of the BCEA determine employee status?
8. What is the importance of the Labour Relations Act?
9. Describe the functions of the National Minimum Wage Commission.
10. What is the role of international labour standards in South African law?
11. Explain the concept of ‘restraint of trade’.
12. What makes a restraint of trade clause valid or invalid?
13. Identify any four Acts that govern employment relationships in SA.
14. When can a public holiday be exchanged for another day?
15. Define what is meant by ‘reasonableness’ in restraint of trade clauses.
16. Discuss the key components of the Employment Equity Act.
17. Describe the qualifications of a person defined as a ‘contributor’.
18. Explain when UIF maternity benefits can be claimed and for how long.
19. Differentiate between written and unwritten employment contracts.
20. What does the ‘dominant impression test’ entail?
21. Why is good faith important in the employment relationship?
22. How does the COIDA protect employees injured on duty?
23. Under what conditions may a collective agreement alter individual contracts?
24. What factors are used to determine ‘equal work for equal value’?
25. Summarise the outcome and principle in the Mangena v Fila case.
26. List the exclusions from section 18 (public holidays) of BCEA.
27. Define a ‘learnership’ and its purpose in labour law.
28. How does a sectoral determination differ from legislation?
29. Define ‘temporary total disablement’ under COIDA.
30. What is a ‘work opportunity’ under public employment services?
31. Describe the legal protection against unfair dismissal.
32. Explain the employer’s obligation under occupational health legislation.
33. What are the requirements for a valid employment contract?
34. Discuss the influence of the Constitution on labour practices.
35. What factors justify a wage differential under the EEA?
36. Describe the process to amend a sectoral determination.
37. What are the functions of public employment services?
38. Name four examples of atypical employment.
39. What is the role of a bargaining council?
40. Explain the legal principle of vicarious liability.
41. Define ‘skills programme’ and how it supports workers.
42. When is a person presumed to be an employee?
43. What is the legal impact of collective bargaining?
44. Differentiate between BCEA and LRA focus areas.
45. What does the term ‘summary dismissal’ mean?
46. Explain how UIF protects workers who are retrenched.
47. What conditions must exist for a COIDA claim?
48. Describe the functions of a labour inspector.
49. How are Ministerial Determinations created?
50. What is the significance of the Public Holidays Act?
51. How are disputes about unfair labour practices resolved?
