MRL3702/101/3/2022

Tutorial Letter 101/3/2022

Labour law

MRL3702

Semester 1 and 2

Mercantile Law Department

This tutorial letter contains important information about your module.

BARCODE
CONTENTS
Page

1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 CURRICULUM TRANSFORMATION ........................................................................................... 6
4. CONTACTING THE UNIVERSITY VIA EMAIL……………………………………………….6
5 LECTURER(S) NAMES AND CONTACT DETAILS ..................................................................... 7
5.1 Lecturer(s) .................................................................................................................................... 7
5.2 Department ................................................................................................................................... 7
5.3 College of Law Information Centre ................................................................................................ 7
5.4 University …………………………………………………………………………………………………. 7
6 RESOURCES ............................................................................................................................... 8
6.1 Prescribed book(s) ........................................................................................................................ 8
6.2 Recommended book(s) ................................................................................................................. 8
6.3 Prescribed cases ......................................................................................................................... 9
6.4 Electronic reserves (e-reserves)………………………………………………………………………….9
6.5 Library services and resources…………………………………………………………………………...9
7 STUDENT SUPPORT SERVICES .............................................................................................. 10
7.1 First-Year Experience Programme @ Unisa ............................................................................... 10
7.2 Companies falsely advertising Unisa services……………………………………………….10
8 STUDY PLAN ............................................................................................................................. 11
9 PRACTICAL WORK ................................................................................................................... 11
10 ASSESSMENT ........................................................................................................................... 11
10.1 Assessment criteria..................................................................................................................... 11
10.2 Assessment plan ........................................................................................................................ 11
10.3 Unique numbers ......................................................................................................................... 12
10.4 Assignment due dates ................................................................................................................ 12
10.5 Submission of assignments ........................................................................................................ 12
10.6 Other assessment methods ........................................................................................................ 12
10.7 The examination ......................................................................................................................... 12
11 ACADEMIC DISHONENESTY.................................................................................................... 13
11.1 Plagiarism ................................................................................................................................... 13
11.2 Cheating ..................................................................................................................................... 13
11.3 More information about plagiarism can be downloaded on the link below ................................... 13
12 STUDENT WITH DISABILITY .................................................................................................... 13
13 FREQUENTLY ASKED QUESTIONS ........................................................................................ 13
14 SOURCES CONSULTED ........................................................................................................... 13
15 IN CLOSING ............................................................................................................................... 14

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 MRL3702/101/3/2022

1 INTRODUCTION
Dear Student

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.

Unisa is a comprehensive ODeL higher education institution. The comprehensiveness of our

curricula encapsulates a range of offerings, from strictly vocational to strictly academic
certificates, diplomas and degrees. Unisa's "openness" and its distance eLearning character
result in many students registering at Unisa who may not have had an opportunity to enrol in
higher education. Our ODeL character implies that our programmes are carefully planned and
structured to ensure success for students ranging from the under-prepared but with potential to
the sufficiently prepared.

Teaching and learning in an ODeL context involves multiple modes of delivery ranging from
blended learning to fully online. As a default position, all post graduate programmes are offered
fully online with no printed study materials, while undergraduate programmes are offered in a
blended mode of delivery where printed study materials are augmented with online teaching
and learning via the learner management system – myUnisa. In some instances, undergraduate
programmes are offered fully online as well.

Furthermore, our programmes are aligned with the vision, mission and values of the University.
Unisa's commitment to serve humanity and shape futures combined with a clear appreciation of
our location on the African continent, Unisa's graduates have distinctive graduate qualities
which include:

• independent, resilient, responsible and caring citizens who are able to fulfil and serve in
multiple roles in their immediate and future local, national and global communities;
• having a critical understanding of their location on the African continent with its histories,
challenges and potential in relation to globally diverse contexts;
• the ability to critically analyse and evaluate the credibility and usefulness of information
and data from multiple sources in a globalised world with its ever-increasing information
and data flows and competing worldviews;
• how to apply their discipline-specific knowledges competently, ethically and creatively to
solve real-life problems; and
• an awareness of their own learning and developmental needs and future potential.

Whether a module is offered either as blended (meaning that we use a combination of printed
and online material to engage with you) or online (all information is available via the internet),
we use myUnisa as our virtual campus. This is an online system that is used to administer,
document and deliver educational material to you and support engagement with you. Look out
for information from your lecturer as well as other Unisa platforms to determine how to access
the virtual myUnisa module site. Information on the tools that will be available to engage with
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the lecturer and fellow students to support your learning will also be communicated via various
platforms.

You are encouraged to log into the module site on myUnisa regularly.

The MRL3702 module is a blended module. In other words, the learning of this module involves
the use of printed and online material. The physical material relates to your textbook whilst
online part relates to the use of emails, telephone, posting of voice notes and tutorial material
on announcement and discussion forum or conducting online classes and where possible, face
to face appointments.

This tutorial letter (MRL3702/101/2022) 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. 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 [MRL3702-22-
S1/S2] in the row of modules displayed in the orange blocks at the top of the webpage. 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!

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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, 1997; the Employment Equity
Act, 1998; the Labour Relations Act, 1995 (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:

• 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
• 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 lock-
outs;
• 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
evidence-based solutions and theory-driven arguments.
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 • Demonstrate well-developed information retrieval skills; critical analysis and synthesis of
data relating to labour law and presentation skills following prescribed formats.

3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter based on five pillars and eight dimensions. In
response to this charter, we have placed curriculum transformation high on the teaching and
learning agenda. 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 programme and module levels as a phased-
in approach. You will notice a marked change in the teaching and learning strategy
implemented by Unisa, together with how the content is conceptualised in your modules. We
encourage you to embrace these changes during your studies at Unisa in a responsive way
within the framework of transformation.

4 CONTACTING THE UNIVERSITY VIA EMAIL

To assist Unisa to safeguard your personal information, please ensure that you only use your
myLife e-mail account when communicating with the university. We will not be responding to
any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that we are
communicating with you, as your e-mail address contains your student number and you use
your login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under the
following circumstances:

• New applicants who are enquiring about information for the purpose of applying for
admission.
• New applicants who do not yet have a myLife e-mail account, because they have
been admitted but not yet registered.
• Where a student requires assistance in resolving myLife e-mail account access
problems.

Please be aware that any personal information you publish on public platforms, such as social
media platforms and WhatsApp groups, is not covered by the provisions of Protection of
Personal Information Act 4 of 2013. Any personal information published in the public domain is
not considered private and can, therefore be accessed by external parties with access to such
platforms.

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5 LECTURER(S) AND CONTACT DETAILS

5.1 Lecturer(s)

The lecturers responsible for this module are:

NAME TELEPHONE NUMBER EMAIL ADDRESS

Adv L Kubjana [primary lecturer] (012) 429 6179 kubjakl@unisa.ac.za
Prof ME Manamela (012) 429 8490 manamme@unisa.ac.za

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

5.2 Department

The general contact and fax numbers for the Department of Mercantile Law are as follows:

Ms P Mofokeng
Telephone number: +27 12 429 8774
Email: MOFOKPG@unisa.ac.za
Fax number: +27 12 429 3343

5.3 College of Law Information Centre

For college-specific queries, please email lawdeanery@unisa.ac.za or

CLAWinquiries@unisa.ac.za. The college can also be contacted by phoning 012 429
4718/4860/6166/3253/4428.
Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to effect the correct routing
to an advisor for processing.
5.4 University

To contact the university, please dial 080 000 1870. Remember to keep your student number at
hand when contacting the university. The Unisa Student Communication Service Centre will be
open weekdays from 08:00 – 16:00 (South African Standard Time).

Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to effect the correct routing
to an advisor for processing. Please check the list carefully and send an enquiry to one e-
mail address only. This will ensure that there is no confusion as to who must respond, thereby
preventing unnecessary delays in the response or the email portrayed as spam. Students
should only forward enquiries to the Registrar and Deputy Registrar in instances where those
enquiries could not be resolved at other levels.

TYPE OF QUERY EMAIL ADDRESS TELEPHONE NUMBER

ICT
myUnisa myUnisaHelp@unisa.ac.za 012 429 3111 (Option 2)

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myLife myLifeHelp@unisa.ac.za 012 429 3111 (Option 2)
STUDENT ADMISSIONS AND REGISTRATIONS
General applications and registration
study-info@unisa.ac.za
queries
College of Law jus@unisa.ac.za
International students international@unisa.ac.za
Exemptions adhoccredits@unisa.ac.za
Access and matriculation exemption ame@unisa.ac.za
Re-admissions study-info@unisa.ac.za
STUDENT ASSESSMENT ADMINISTRATION
General assignment enquiries assign@unisa.ac.za
General exam queries exams@unisa.ac.za 012 429 8641
Aegrotat exams aegrotats@unisa.ac.za 012 429 8641
Exam arrangements for students with examdisabled@unisa.ac.za
012 429 8641
disabilities
Exam admission examadmission@unisa.ac.za 012 429 8641
International students examinternational@unisa.ac.za + 27 12 429 2268
Remarks remark@unisa.ac.za 012 429 8641
Purchase of an exam script purchasescript@unisa.ac.za 012 429 8641
FINANCE
Student account enquiries finan@unisa.ac.za 012 429 2441/4299
STUDENT FUNDING
General student funding enquiries letsomp@unisa.ac.za 012 441 5600
STUDY MATERIAL
Despatch enquiries despatch@unisa.ac.za

6 RESOURCES
6.1 Prescribed book

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
vospresc@unisa.ac.za.

6.2 Recommended book(s)

There are no recommended books.

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6.3 Prescribed cases

• Mlotha v Commission for Conciliation, Mediation and Arbitration and Others

(C184/17) [2019] ZALCCT 16 (9 July 2019) accessible at
http://www.saflii.org/za/cases/ZALCCT/2019/16.html

• Eskort Limited v Mogotsi and Others (JR1644/20) [2021] ZALCJHB 53; (2021) 42 ILJ
1201 (LC) (28 March 2021) accessible at
http://www.saflii.info/za/cases/ZALCJHB/2021/53.html

6.4 Electronic reserves (e-reserves)

None

6.5 Library services and resources

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

• For a general Library overview, go to

https://www.unisa.ac.za/sites/corporate/default/Library/About-the-Library
Library @ a glance
• For detailed Library information, go to
https://www.unisa.ac.za/sites/corporate/default/Library
• For research support and services (eg personal librarians and literature search services), go
to
https://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research-support

The Library has created numerous Library guides to assist you: http://libguides.unisa.ac.za

Recommended guides:

• Request recommended books and access e-reserve material:

https://libguides.unisa.ac.za/request
• Requesting and finding library material: Postgraduate services:
https://libguides.unisa.ac.za/request/postgrad
• Finding and using library resources and tools (Research Support):
https://libguides.unisa.ac.za/research-support
• Frequently asked questions about the library:
https://libguides.unisa.ac.za/ask
• Services to students living with disabilities:
https://libguides.unisa.ac.za/disability
• A-Z databases:
https://libguides.unisa.ac.za/az.php
• Subject-specific guides:
https://libguides.unisa.ac.za/?b=s
• Information on fines & payments:
https://libguides.unisa.ac.za/request/fines

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Assistance with technical problems accessing the Unisa Library or resources:
https://libguides.unisa.ac.za/techsupport

Lib-help@unisa.ac.za (insert your student number in the subject line please)

General library enquiries can be directed to Library-enquiries@unisa.ac.za

7 STUDENT SUPPORT SERVICES

The Study @ Unisa website is available on myUnisa: www.unisa.ac.za/brochures/studies

This website has all the tips and information you need to succeed at Unisa.

7.1 First-Year Experience Programme @ Unisa

For many students, the transition from school education to tertiary education is beset with
anxiety. This is also true for first-time students to Unisa. Unisa is a dedicated open distance and
e-learning institution. Unlike face-to-face/contact institutions, Unisa is somewhat different. It is a
mega university and all our programmes are offered through a blended learning mode or fully
online learning mode. It is for this reason that we thought it necessary to offer first-time students
additional/extended support so that you can seamlessly navigate the Unisa teaching and
learning journey with little difficulty and few barriers. In this regard we offer a specialised student
support programme to students entering Unisa for the first time. We refer to this programme as
Unisa’s First-Year Experience (FYE) Programme. The FYE is designed to provide you with
prompt and helpful information about services that the institution offers and how you can access
information. The following FYE programmes are currently offered:

• FYE website: All the guides and resources you need to navigate through your first year at
Unisa can be accessed using the following link: www.unisa.ac.za/FYE

• FYE e-mails: You will receive regular e-mails to help you stay focused and motivated.

• FYE broadcasts: You will receive e-mails with links to broadcasts on various topics related to
your first-year studies (eg videos on how to submit assignments online).

• FYE mailbox: For assistance with queries related to your first year of study, send an e-mail
to fye@unisa.ac.za

7.2 Companies falsely advertising Unisa services

Some companies and social media pages have been falsely advertising Unisa online
information and various services to assist Unisa students. In the process, companies either
solicit money fraudulently from students or make money through online advertising with no
benefit to students.
These companies are in no way associated or related to Unisa.
We request that students only use official Unisa sites and platforms as any other platforms will
provide you with incorrect information and/or act illegally which will be harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa, Unisa social
media platforms, myLife e-mail) to communicate with students.
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Please use the following Unisa platforms for official Unisa information:

• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa

8 STUDY PLAN
Draw yourself a realistic study plan with dates and endeavour to stick to it. Divide the contents
of the curriculum into doable parts plus extra time to return to parts that you have found difficult.
Provide time for revision before the examinations. It is very important to refresh your mind on
the various topics at that stage. It is useful to summarise materials so that you can answer a
question in a concise and logical manner. This will also assist you to give similar answers in the
examination. If you make use of summaries, you may use these while revising topics.

9 PRACTICAL WORK
None

10 ASSESSMENT
10.1 Assessment criteria

Assignments are part of the learning material for this module. As you work on the assignments,
study the prescribed material, and discuss the work with fellow students or tutors. Looking at the
assessment criteria given for each assignment will help you to understand what is required of
you more clearly.

In some cases, additional assessment might be available on the myUnisa site for your module.
For students attending tutorial sessions, tutors may also set additional tasks and give feedback
in class.

10.2 Assessment plan

You must log into the module site on myUnisa in order to access the following:

• the due dates for assignments;

• the actual assignments that must be completed;

• how to submit your assignments;

• the weighting of the different assessments;

• admission to the exam; and

• the examination.

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10.3 Unique numbers

Assignments are no longer given unique numbers.

Remember that your first assignment must be numbered 01, and your second
assignment must be numbered 02.

10.4 Assignment due dates

• There are no assignment due dates included in this tutorial letter.

• Assignment due dates will be made available to you on the landing page of myUnisa for
this module. We envisage that the due dates will be available to you upon registration.

• Please start working on your assignments as soon as you register for the module.

• Log on to the myUnisa site for this module to obtain more information on the due dates
for the submission of the assignments

10.5 Submission of assignments

Students should submit written/typed assignments electronically via myUnisa.

Assignments may not be submitted by fax or e-mail. When submitting your written/typed
assignment electronically via myUnisa, please make sure that your assignment is submitted in
PDF format. For detailed information and requirements as far as assignments are concerned,
please consult the publication Study @ Unisa.

NB: ASSIGNMENTS RECEIVED AFTER THE FINAL SUBMISSION DATE WILL NOT BE
MARKED
No extension for the submission of the assignments will be given. Please do not
approach your lecturers with such requests, as we are unable to grant extensions.

To submit an assignment via myUnisa, do the following:

Go to myUnisa:

• Log in with your student number and password.

• Select the module.
• Click on assignments in the left-hand menu.
• Click on the assignment number you want to submit.
• Follow the instructions on the screen.

10.6 Other assessment methods

None

10.7 The examination

Examination information and details on the format of the examination will be made available to
you online via the myUnisa site. Look out for information that will be shared with you by your
lecturer and e-tutors (where relevant) and for communication from the University.

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11 ACADEMIC DISHONESTY
11.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting them as
your own. It is a form of theft which involves several dishonest academic activities, such as the
following:

• Cutting and pasting from any source without acknowledging the source.
• Not including or using incorrect references.
• Paraphrasing without acknowledging the original source of the information.

11.2 Cheating
Cheating includes, but is not limited to, the following:

• Completing assessments on behalf of another student, copying from another student

during an assessment or allowing a student to copy from you.
• Using social media (eg WhatsApp, Telegram) or other platforms to disseminate
assessment information.
• Submitting corrupt or irrelevant files.
• Buying completed answers from “tutors” or internet sites (contract cheating).

11.3 More information about plagiarism can be downloaded on the link below
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules

12 STUDENT WITH DISABILITY

The Advocacy and Resource Centre for Student with Disability (ARCSWiD) provides an
opportunity for staff to interact with new and returning students with disabilities.

• If you are a student with a disability and would like additional support or need additional
time for assessments, you are invited to contact (both Adv Kubjana and Prof
Manamela at kubjakl@unisa.ac.za and manamme@unisa.ac.za respectively) so that
you can be assisted

13 FREQUENTLY ASKED QUESTIONS

See the publication Study@Unisa brochure, which contains an A-Z guide of the most relevant
study information.

14 SOURCES CONSULTED
None.

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15 IN CLOSING
We encourage you to immediately start studying and not wait for the last minute to do your
assignments or prepare for the examination. Your success is our priority, because through you
we will achieve our goal.
We hope that you will enjoy this module and we wish you success with your studies.

THE LECTURERS
UNISA

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