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MRL3702/101/3/2021

Tutorial Letter 101/3/2021 Labour Law

MRL3702 Semesters 1 and 2 Mercantile Law

This tutorial letter contains important information about your module.

BARCODE

CONTENTS Page 1

INTRODUCTION TO THE MODULE ............................................................................................ 2

1.2

Curriculum Transformation……………………………………………………………………4

2

PURPOSE AND OUTCOMES ...................................................................................................... 4

2.1

Purpose ........................................................................................................................................ 5

2.2

Outcomes ..................................................................................................................................... 5

3

LECTURER(S) AND CONTACT DETAILS................................................................................... 5

3.1

Lecturer(s) .................................................................................................................................... 5

3.2

Department ................................................................................................................................... 5

3.3

University ...................................................................................................................................... 6

4

RESOURCES ............................................................................................................................... 6

4.1

Prescribed book(s) ........................................................................................................................ 6

4.2

Prescribed cases…………………………………………………………………………………6

4.3

Recommended book(s)................................................................................................................. 6

4.4

Electronic reserves (e-reserves) ................................................................................................... 6

4.5

Library services and resources ..................................................................................................... 6

5

STUDENT SUPPORT SERVICES ................................................................................................ 7

6

STUDY PLAN ............................................................................................................................... 8

7

PRACTICAL WORK ..................................................................................................................... 8

8

ASSESSMENT ............................................................................................................................. 8

8.1

Assessment criteria....................................................................................................................... 8

8.2

Assessment plan .......................................................................................................................... 8

8.3

Assignments ................................................................................................................................ 8

8.3.1 8.3.2 8.3.3 8.3.4 8.4

General assignment numbers ....................................................................................................... 8 Unique assignment numbers ........................................................................................................ 9 Assignment due dates .................................................................................................................. 9 Submission of assignments .......................................................................................................... 9 Other assessment methods ........................................................................................................ 10

8.5

The examination ......................................................................................................................... 10

8.5.1 The examination period………………………………………………………………………...10 8.5.2 The examination paper…………………………………………………………………………10 8.5.3 Previous exam papers………………………………………………………………………….11 9

FREQUENTLY ASKED QUESTIONS ........................................................................................ 11

10

SOURCES CONSULTED ........................................................................................................... 11

11

IN CLOSING ............................................................................................................................... 11

12

ADDENDUM ............................................................................................................................... 12

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MRL3702/101/3/2021

1

INTRODUCTION TO THE MODULE

Dear Student As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation charter based on five pillars and eight dimensions. In response to this charter, we have also placed curriculum transformation high on the agenda. For your information, curriculum transformation includes the following pillars: student-centred scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of teaching and learning, and the infusion of African epistemologies and philosophies. These pillars and their principles will be integrated at both the programme and module levels, as a phased-in approach. You will notice the implementation thereof in your modules, and we encourage you to fully embrace these changes during your studies at Unisa. We are pleased to welcome you as a student of Labour Law (MRL3702) and hope that you will find it interesting and rewarding. We shall do our best to make your studies of this module successful. You will be well on your way to success if you start studying early in the semester and resolve to do the assignments properly. This tutorial letter (MRL3702/101/2021) contains important information concerning this module. We urge you to read it carefully and to keep it at hand when working through the tutorial material, preparing the assignments, preparing for the examination, and addressing questions to your lecturers. In this tutorial letter you will find the two assignments for semesters 1 and 2 and instructions on the preparation and submission of the assignments (See 8.3 below regarding the importance of the assignments for admission to the examination and their contribution towards a year mark for the module). This tutorial letter also provides all the information you need with regard to the prescribed tutorial material and how to access it. Further, we include in this tutorial letter certain general and administrative information concerning this module. Please study this information carefully and make sure that you have access to the prescribed material as soon as possible. Apart from this Tutorial Letter, other Tutorial Letters will be made available to you on myUnisa during the course of the semester. These Tutorial Letters will not necessarily all be available at the time of registration. You will be notified about when specific Tutorial Letters will be available on myUnisa during the course of the semester. You will receive announcements on anything about the module from the lecturers through an ‘Announcement Tool’ on myUnisa on the module site. You are advised to frequently visit your module site to keep yourself up to date about any developments in your module. You are therefore required to register on myUnisa, a tool which will enable you to access study material, communicate with other students and lecturers, submit assignments, access library resources and download study material. You can access myUnisa on http://my.unisa.ac.za. Go to the website and log in using your student number and password. You will see [MRL3702-21S1/S2] in the row of modules displayed in the orange blocks at the top of the webpage. 3

Select the More tab if you cannot find the module you are looking for in the orange blocks. Then click on the module you want to open. Your study material for MRL3702 will consist of a prescribed textbook, which you must purchase. The university will provide the following on myUnisa: a study guide (tutorial letter 102) and other tutorial letters (namely, tutorial letters 101 (this tutorial letter); 201 and 202 (which contain the memoranda and commentaries on the assignments). You will find all your study material under ‘Study Material’ and any other additional study material (only if available) can be accessed under ‘Additional Resources’ on the module site. Right from the start we would like to point out that you must read all the tutorial letters issued during the semester immediately and carefully, as they always contain important and, sometimes, urgent information. We hope that you will enjoy this module and wish you all the best! 1.2

Curriculum Transformation

The values and beliefs that govern Labour Law are based on constitutional values and principles and often reflect African values that comprise amongst others, the concept of ubuntu. Labour Law, at first glance is a technical subject based mainly on statute. However, upon scrutiny several transformation values are reflected in the course content. The study guide and prescribed book have been infused with constitutional principles and values in the interpretation and application of Labour Law. The Constitution of the Republic of South Africa, 1996 and its values that also imbue values of ubuntu play an important role, particularly in the interpretation of legislation. Promoting these values in the development of the common law plays a pivotal role in ensuring that the law adapts to suit the community it serves. This evolving nature of law is foundational to the principle of transformative constitutionalism.

2

PURPOSE AND OUTCOMES

2.1

Purpose

The purpose of this module is to equip students with a well-rounded and systematic knowledge, skills and competencies to analyse and solve legal problems relating to labour law in general. The module provides an understanding of South African Labour Law principles relating to the contract of employment, the Basic Conditions of Employment Act, the Employment Equity Act, the Labour Relations Act (unfair labour practices, the law of dismissal, collective labour law and industrial action (strikes, lockouts, picket and protest action)). Aspects of transformative constitutionalism are also covered. The following knowledge will be assessed directly or indirectly: •

An introduction to labour law

Individual labour law: •

• • • 4

A study of the contract of employment and its relationship with labour legislation, including concepts such as the definition of an employee in terms of labour laws, the contractual duties of the employer and the employee, typical terms and conditions of employment, breach and termination of employment contracts; A study of minimum standards legislation (the Basic Conditions of Employment Act, 1997) and other sources of terms and conditions of employment; A study of equality in employment in terms of the Employment Equity Act, 1998; A study of unfair labour practices in terms of the Labour Relations Act, 1995; and

MRL3702/101/3/2021 •

A study of the law of dismissal in terms of the Labour Relations Act, 1995, including the definition of dismissal, automatically unfair dismissal, discipline in the workplace and dismissal for misconduct, incapacity and operational requirements.

Collective labour law • An introduction to collective labour law; • A study of freedom of association in the context of collective bargaining, as well as the constitutional protection thereof; • A study of collective bargaining and the law • A study of bargaining forums; • A study of organisational rights, their importance and acquisition; • A study of strikes and lock-outs, including prohibitions, procedural requirements, secondary strikes and legal consequences of protected and unprotected strikes and lockouts; • A study of pickets and protest action; and • A study of dispute resolution 2.2 • • •

Outcomes Demonstrate a well-rounded and systematic understanding of the legal principles applicable to labour law and explain labour law principles as guided by transformative values of the Constitution. Identify and analyse unfamiliar concrete and abstract labour law problems using evidencebased solutions and theory-driven arguments. Demonstrate well-developed information retrieval skills; critical analysis and synthesis of data relating to labour law and presentation skills following prescribed formats.

3

LECTURER(S) AND CONTACT DETAILS

3.1

Lecturer(s)

The lecturers responsible for this module are: NAME Adv L Kubjana [primary lecturer] Prof ME Manamela

TELEPHONE NUMBER (012) 429 6179 (012) 429 8490

EMAIL ADDRESS [email protected] [email protected]

Any other queries relating to the module may be posted on the discussion forum and lecturers will respond to them as quickly as possible. 3.2

Department

The general contact and fax numbers for the Department of Mercantile Law are as follows: Telephone number: +27 12 429 6767 Email: [email protected] Fax number: +27 12 429 3343

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3.3

University

If you need to contact the University about matters not related to the content of this module, please consult the publication Study @ Unisa which you received with your study material. This booklet contains information on how to contact the University (e.g. to whom you may write, important telephone and fax numbers, addresses and details of the times certain facilities are open). Always have your student number at hand when you contact the University.

4

RESOURCES

4.1

Prescribed book(s)

The prescribed textbook for MRL3702 is Garbers C et al The New Essential Labour Law Handbook, (2019) Labour law Publications CC. The prescribed textbook can be obtained from the University’s official booksellers. If you have difficulty finding the book at these booksellers, please contact the Prescribed Books Section at 012 429 4152 or e-mail [email protected]. 4.2

Prescribed cases

(a)

Mthembu and others / NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA); (2019) 28 CCMA 8.37.3 National Sugar Refining and Allied Industries Union obo Mngomezulu v Tongaat Hulett Sugar Ltd (Darnall) [2016] 11 BALR 1172 (NBCSMRI)

(b)

4.3

Recommended book(s)

None. 4.4

Electronic reserves (e-reserves)

None. 4.5

Library services and resources information

The Unisa Library offers a range of information services and resources: • • •

6

for brief information go to: https://www.unisa.ac.za/library/libatglance for more detailed Library information, go to http://www.unisa.ac.za/sites/corporate/default/Library for research support and services (e.g. Personal Librarians and literature search services), go to http://www.unisa.ac.za/sites/corporate/default/Library/Libraryservices/Research-support

MRL3702/101/3/2021 The Library has created numerous Library guides: http://libguides.unisa.ac.za Recommended guides: • • • • •

request and find library material/download recommended material: http://libguides.unisa.ac.za/request/request postgraduate information services: http://libguides.unisa.ac.za/request/postgrad finding and using library resources and tools: http://libguides.unisa.ac.za/Research_skills Frequently asked questions about the Library: http://libguides.unisa.ac.za/ask Services to students living with disabilities: http://libguides.unisa.ac.za/disability

Important contact information: • • • •

5

https://libguides.unisa.ac.za/ask - Ask a Librarian [email protected] - technical problems accessing library online services [email protected] - general library related queries [email protected] - for queries related to library fines and payments

STUDENT SUPPORT SERVICES

The Study@Unisa brochure is available on myUnisa: www.unisa.ac.za/brochures/studies This brochure has all the tips and information you need to succeed at distance learning and, specifically, at Unisa. For information on the various student support systems and services available at Unisa (e.g. student counselling, tutorial classes, language support), please consult the publication Study@Unisa which is available on myUnisa: www.unisa.ac.za/brochures/studies. Students are also encouraged to register for myUnisa and myLife in order to interact with fellow students. If you need further information about myUnisa and myLife, please contact [email protected] or [email protected] (respectively) or send an SMS to 43582. Free computer and internet access: Unisa has entered into partnerships with establishments (referred to as Telecentres) in various locations across South Africa to enable you (as a Unisa student) free access to computers and the Internet. This access enables you to conduct the following academic related activities: registration; online submission of assignments; and engaging in e-tutoring activities, etc. Please note that any other activity outside of these is for your own costing e.g. printing, photocopying, etc. For more information on the Telecentre nearest to you, please visit www.unisa.ac.za/telecentres.

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Please be informed that, with effect from 2013, Unisa offers online tutorials (e-tutoring) to students registered for certain modules at NQF levels 5, 6 and 7. This relates to first year, second year and third year modules that qualify. Please communicate with your module leader to find out if any of the modules that you have registered for, falls in this category. Once you have been registered for a qualifying module, you will be allocated to a group of students with whom you will be interacting during the tuition period as well as an e-tutor who will be your tutorial facilitator. Thereafter you will receive an SMS informing you about your group, the name of your e-tutor and instructions on how to log onto myUnisa in order to receive further information on the e-tutoring process. Online tutorials are offered free of charge and are conducted by qualified e-tutors who are appointed by Unisa. All you need to be able to participate in e-tutoring is a computer with internet connection. If you live close to a Unisa regional centre or a telecentre contracted with Unisa, you are welcome to visit any of these to access the internet. E-tutoring takes place on myUnisa where you are expected to connect with other students in your allocated group. It is the role of the e-tutor to guide you through your study material during this interaction process. In order to get the most out of online tutoring, you need to participate in the online discussions that the e-tutor will be facilitating. Other modules are allocated face-to-face tutors and tutorials for these modules take place at the Unisa regional centres. Although free of charge, it is important that you register at your nearest Unisa regional centre to secure attendance of these classes.

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STUDY PLAN