QUESTION1

John, a self-employed graphic designer, entered into a service-level agreement with a governmentdepartment to developa new internal branding campaign. Thecontract stipulated that John wouldbe paid R200 000 upon completion of the project.

During the course of the project, a dispute arose when the department unilaterally cancelled the agreement,claiming budget cuts. John had already completed 75% of the work. He attempts to resolve the matter informally, but the department refuses to make any payment.

At the same time,John is also facinga personallegalissue,a formerclient has postedfalseand defamatorystatementsabouthiscompanyonsocialmedia,resultinginsignificantreputationalharmandloss of contracts. John wants to take legal action in both matters, but is unsure which laws apply or what rights and remedies are available to him.

1. DiscussthetypesoflegalrelationshipsinvolvedineachofJohn'stwocases.

1. Distinguish between real rightsand personalrights and identify which ofthese Johnis exercisingineach situation.

1. Discussthepotentiallegalliabilitiesofthegovernmentdepartmentandtheformerclient.
2. WhatlegalremediesmaybeavailabletoJohninbothcases?Providereasonsforyouranswer.

QUESTION2

Xolani has been working as a cashier at a retail store for two years on a fixed-term contract. The employer refuses to renew his contract without providing reasons. He believes the decision was unfair and wants tochallenge it.

1. Definetheterm"unfairlabourpractice".

1. Advise if Xolani is entitled toany legalprotection and provide a reasonfor youranswer. Refer to relevantlegislation.

1. Definedemotioninthecontext ofSAlabour law.
2. WhatdisputeresolutionmechanismshouldXolaniuse?
3. WhatremediesareavailabletoXolani?