QUESTION ONE $(40$ Marks$)$

Nancy has been employed at Jamaican Cuisine for $3$ years. Nancy is employed as a waitress from Monday to Saturday and is paid a wage of R$5000\mathrm{.}00.$ On July $16$th$,$ Nancy arrives at work late and the restaurant is busier than usual. Whilst rushing to the kitchen to pick up her orders, Nancy slips on the freshly cleaned floors and breaks her neck. After several months in St Patrick$$s hospital, she is diagnosed as being permanently paralysed.

Advise Nancy on the following:

$1\mathrm{.}1$ Jamaican Cuisine$$s common law duty to provide safe working conditions for its employees.

$(10$ marks$)$

$1\mathrm{.}2$ The employee$$s remedies should the employer fail to satisfy its common law duties.

$(10$ marks$)$

$1\mathrm{.}3$ Jamaican$$s duty to Nancy in terms of the Occupational Health and Safety Act $85$ of $1993.$

$(12$ marks$)$

$1\mathrm{.}4$ Any duties placed on Nancy on the above mentioned Act. $(8$ marks$)$

SECTION B $[60$ MARKS$]$

ANSWER ANY THREE QUESTIONS

QUESTION TWO $(20$ Marks$)$

$2\mathrm{.}1$ In terms of the Unemployment Insurance Act $63$ of $2001,$ discuss:

$2\mathrm{.}1\mathrm{.}1$ The purpose of the Act. $(4$ marks$)$

$2\mathrm{.}1\mathrm{.}2$ The types of benefits that may be claimed. $(5$ marks$)$

$2\mathrm{.}1\mathrm{.}3$ Right to unemployment benefits. $(5$ marks$)$

$2\mathrm{.}1\mathrm{.}4$ A dependant$$s right to an employee$$s benefits $(6$ marks$)$

QUESTION THREE $(20$ Marks$)$

Discuss the various sources of labour law in South Africa.

ZFM

QUESTION FOUR $(20$ Marks$)$

Discuss the differences between an employee and an independent contractor.

QUESTION FIVE $(20$ Marks$)$

Identify and discuss the various ways in which an employment contract may be terminated.

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