Determine the in-house legal advisor

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Reference no: EM133228329

Assignment:

Question 1. An employer is entitled to alter the terms and conditions of an employment contract by virtue of his powerful bargaining position.

Determine whether the above is true or false.

a.True

b. False

Question 2. At the age of 6, Vusi Masinamela, was offered an employment contract for work as an office assistant by Disharmony Consultants. Disharmony Consultants' in-house legal advisor advises the firm that the contract is invalid because Vusi lacks the capacity to act and can therefore not conclude a valid employment contract.

Determine whether the advise given by the in-house legal advisor is true or false.

a. True

b. False

Question 3. The Basic Conditions of Employment Act provides that the stipulated four weeks' notice for termination of employment may be reduced to one week by sectoral determination.

Determine whether the above is true or false.

a. True

b. False

Question 4. Other than by a court order or arbitration award, employers cannot deduct an employee's remuneration unless their union representative permits it.

Determine whether the above is true or false.

a. True

b. False

Question 5. A non-standard employee is not an independent contractor but does not fall under the protection of the Labour Relations Act.

Determine whether the above is true or false.

a. True

b. False

Question 6. Siobhan is an Irish-born South African woman currently looking for a job in Johannesburg. She is proficient in English, Irish and Isizulu. One day, she came across a job advertisement by JJ Swain & Co. which stipulated that the candidate must specifically be a "male who is fully bilingual in English and Afrikaans".

Which ONE of the following statements is CORRECT?

a. JJ Swain & Co is engaging in unfair indirect discrimination.

b. This is an example of unfair discrimination on the basis of the listed ground of sex.

c. The advertisement is an example of differentiation.

d. This is unfair indirect discrimination on the basis of the listed ground of language.

Question 7. Which ONE of the following will not be considered a justifiable reason for difference in pay?

a. The differences in the age of the employees concerned.

b. How long the employee has worked for the employer.

c. Demotion following restructuring without decrease in pay.

d. Scarcity of certain skills in the labour market.

Question 8. Melanie Matthews founded a private security company called Fly-by-Night Corps in February 2022. Fly-by-Night Corps has hired one of its first employees, a security guard, named Mihlali. Melanie successfully negotiated and agreed with Mihlali to work night shifts. As a totally upstanding, law-abiding citizen and woman of the people, Melanie approaches you and wants to know what Mihlali is entitled to when working night shifts.

Advise Melanie which ONE of the following she does not have to provide to Mihlali.

a. Mihlali should be provided with a company car as a security guard.

b. Mihlali may be given an allowance.

c. Mihlali may be given reduced working hours.

d. Mihlali should be provided with transportation between his home and the workplace.

Reference no: EM133228329

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