Flashcards on Employment Contracts in South African Law
Employment Contracts in South African Law: Student Guide
Tap to flip · Swipe to navigate
Employment Law
38 cards
Card 1
Question: Can an illegal foreign worker without a valid work permit claim protection under South African labour legislation for unfair dismissal?
Answer: No. The court held illegal foreigners do not receive protection under labour legislation, but their rights may be protected under the Constitution (se
Card 2
Question: If an employee has a valid contract but no valid work permit, can they claim unfair dismissal?
Answer: Yes. The court found such an employee may claim unfair dismissal and enforce statutory or contractual claims against their employer despite immigratio
Card 3
Question: Does the Immigration Act render employment contracts with illegal foreigners void?
Answer: No. The Immigration Act does not seek to render contracts void; the definition of "employee" can include a foreign national, so employment rights are
Card 4
Question: What offence does an employer commit under the Immigration Act regarding illegal foreigners?
Answer: An employer who knowingly employs an illegal foreigner or one not authorised to work commits an offence.
Card 5
Question: Is an employer still obligated to pay an employee employed without a valid work permit?
Answer: Yes. The employer is obligated to pay such an employee.
Card 6
Question: List three core obligations of an employee.
Answer: 1) Report to duty and render competent services (diligently and with due care); 2) Be respectful and obey lawful instructions; 3) Render services in g
Card 7
Question: What factors determine the required level of competency for an employee?
Answer: Capacity, experience and seniority.
Card 8
Question: List four obligations of the employer.
Answer: 1) To remunerate (primary obligation); 2) To provide safe working conditions; 3) To treat the employee with respect and dignity; 4) To accept the empl
Card 9
Question: Name four ways employment can be terminated.
Answer: By effluxion of time or completion of task (fixed-term), by retirement, by agreement (mutual), by notice (reasonable, in writing), and by the death of
Card 10
Question: When is summary (dismissal without notice) termination justified?
Answer: For a serious (material) breach of contract, such as breach of fiduciary duties.