Question

(a) An employment contract is a reciprocal contract, where both parties to the contract of employment owe duties towards one another. Outline the responsibilities of the employer in this contract. (6 × 2 = 12)

(b) Identify two grounds for dismissal recognised by law. (2)

(c) Briefly explain the following:

i. delivery brevi manu

ii. symbolic delivery (2 × 3 = 6)

Answer 1

Answer (A)

~An employer has the obligation to:

✓observe the law, contracts and agreements

✓treate employees equally regardless of their origin, religion, sex, age or political views

✓lookafter their employees’ safety and occupational health

✓provide their employees with a written account of the central conditions of work

✓promote a good working environment, boost employees’ performance in their work and contribute to their occupational development

Answer (B)

✓Physical violence by the employer or employee.

✓Theft by employee.

Answe (C)1

Traditiobrevi manu or “delivery with the short hand” refers to the act of a person, to whom an item is transferred, who is already in possession of the item but not as the owner of the item. The concept prevents the need for a needless “double delivery” for a party to take ownership of an item they already have in their possession. It is a constructive or implied delivery.

Answer (C)2

Symbolic delivery refers to the delivery of gift or sale of goods when it is either inaccessible or cumbersome. ... Constructive delivery refers to an act that amounts to a transfer of title by law when the actual transfer is not possible.