LLAB2605 - Constitution of the Republic of South Africa - University of the Free State

Assignment Task

Question

1. The Constitution of the Republic of South Africa provides that everyone has the right to fair labour practices. The reference to everyone in terms of section 23(1) and its interpretation has been a contentious matter over the years.

With reference to relevant case law critically discuss the impact of section 23(1) of the Constitution on the contract of employment and how the courts have interpreted the section.

2. The Labour Relations Act 66 of 1995 (LRA) has as one of its fundamental aims the attainment of Social Justice. With reference to specific sections in the LRA and journal articles critically discuss the meaning of Social Justice in the labor market and how the LRA enables its attainment.

3. Mr. Driver works for the electricity distributor in Bloemfontein (BloemCityPower). On 1 March 2023, while driving an unmarked company vehicle to a work site (attending to a power outage) Mr. Driver knocks over a pedestrian Miss. Unfortunately he sustains multiple injuries and is taken to hospital by an ambulance. On the 10th of March 2023 while on leave and at home, Mr. Driver received service of summons for an amount of R30 000.00 in medical bills and personal damages sustained by Miss Unfortunate as a result of the collision.

Mr. Driver is perplexed by the service of summons and approaches you. He advises you that he does not have any money and that the reason he was on that road at that time in the first place was because he was attending to a call-out regarding a power outage at a substation. Mr. Driver feels that he should not be held liable for the damages sustained by Miss Unfortunate. Kindly advise Mr. Driver of his liability in this matter.

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