Q.1.1 "Labour law has very little to do with what is actually contained in the employment contract and more to do with an unequal power struggle" Otto Kahn Freud.

With reference the above statement, analyse how the Constitution has impacted labour relations in South Africa.(7)

Q.1.2 During the national shutdown declared by President Ramaphosa in light of COVID19, indicate whether an employer would be in breach of the Basic Conditions of Employment Act, 1997 (BCEA), if they were to force employees to take unpaid annual leave for the period of the shutdown.

Justify your answer with reference to the specific provision in the BCEA.(5)

Q.1.3 Freddy is employed by the Department of Justice and works as an admin clerk in the Registrar's office of the High Court in Pietermaritzburg and his annual salary is R215 000 after tax. His contract of employment states, inter alia, with specific reference to working hours, the following: "As the Court has certain recess periods during the year, the employee may be required to work up to 12 hours per day, averaged over a period of three months without receiving overtime pay. This will balance out with the Court recess periods where the employee may be required to work less hours during each recess period". Q.1.3.1 Advise Freddy on whether the clause pertaining to overtime and working hours is permissible in terms of the BCEA.(4)

Q.1.3.2 After being employed in the position for 9 months, Freddy wishes to resign because a better employment opportunity presents itself which requires him to start in the new position in three weeks' time. (4) However, the Department of Justice demands that Freddy give one month's written notice of resignation as they state that this is their standard policy. Advise Freddy on whether he is legally obligated to provide such notice.