Ngaka Modiri Molema
ENGLISH
GRADE 12
WEEKLY TEST
TOPIC: LEGISLATION
BUSINESS STUDIES
Week 3 (26 Jan-01 Feb 2022)
TOTAL: 50 MARKS
EEA, BCEA & COIDA
QUESTION 1
1.1
1.1.1
This Act provides for affirmative action to redress the imbalances of the past.
A
B
C
D
1.1.2
Broad-Based Black Economic Empowerment Act, 2003 (Act 53 of 2003)
Consumer Protection Act, 2008 (Act 55 of 2008)
National Credit Act, 2005 (Act 34 of 2005)
Employment Equity Act, 1998 (Act 55 of 1998)
A pregnant employee qualifies for a maximum of … paid maternity leave.
A
two months'
B
one month's
C
four months'
D
three months'
(2)
(2)
1.1.3
This Act protects employers from a financial burden should employees be involved in an accident at the
workplace:
A
Consumer Protection Act, 2008 (Act 68 of 2008)
B
Skills Development Act (SDA), 1998 (Act 97 of 1998)
C
Compensation for Occupational Injuries and Diseases Act (COIDA), 1997 (Act 61 of 1997)
D
Labour Relations Act (LRA), 1995 (Act 66 of 1995)
(2)
1.1.4
This Act promotes demographic representation in a business:
A
Broad-Based Black Economic Empowerment Act, 2003 (Act 53 of 2003)
B
Basic Conditions of Employment Act, 1997 (Act 75 of 1997)
C
Employment Equity Act, 1998 (Act 55 of 1998)
D
National Credit Act, 2005 (Act 34 of 2005)
(2)
The purpose of this Act is to ensure that employees work in a more suitable and less dangerous
environment:
A
Conditions of Employment Act, 1997 (Act 75 of 1997)
B
Skills Development Act, 1998 (Act 97 of 1998)
C
Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993)
D
Occupational Health and Safety Act, 1993 (Act 85 of 1993)
(2)
1.1.5
1 | WEEKLY TEST -E E A , B C E A & C O I D A
1.2
Complete the following statements by using the word(s) provided in the list below. Write only the
word(s) next to the question numbers (1.2.1–1.2.2) in the ANSWER BOOK.
one and a half of; Compensation for Occupational Injuries and Diseases; double; Employment Equity Act
1.2.1
Ricky received … his normal rate of pay for working on a public holiday.
1.2.2
The … Act creates a framework for healthy employment practices and safety regulations.
(2)
[14]
TOTAL QUESTION 1: 14 MARKS
QUESTION 2
2.1
2.1.1 Explain the purpose of the Employment Equity Act, 1998 (Act 55 of 1998).
2.1.2
(2)
Evaluate the impact of the Employment Equity Act, 1998 (Act 55 of 1998), on businesses.
(4)
[6]
TOTAL QUESTION 2: 6 MARKS
QUESTION 3
3.1
3.1.1 Explain the purpose of the Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997).
3.2.
(2)
(2)
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
Identify the provision of the Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) that
Faaried Bakeries complied with in EACH case below.
Employees are required to work eight hours a day for six days.
One of the male employees took three days' leave after the birth of his child.
Employees are allowed to take a 60-minute break after working for five hours.
Management does not employ workers who are younger than 16 years old.
Employees are generally not allowed to work more than ten hours extra a week.
(10)
3.3
Read the scenario below and answer the questions that follow.
LOLA ENTERPRISE (LE)
Elma and Vusi are employees in the same department at Lola Enterprise. The business did very well in their
first few years, because they ensured that the employment conditions were followed. Lately the employees are
very unhappy with their employment conditions. Elma wants to leave the business, because Lola the owner
told her that she is only allowed three consecutive months unpaid maternity leave. Vusi is forced by the owner
take ten minutes lunch break to avoid decreasing production.
3.3.1
Identify the Act that applies to LE. Quote from the scenario above to support your answer.
3.3.2
Identify actions regarded as discriminatory from the scenario above. Quote to motivate your answer. (1)
3.3.3
Explain the penalties for non- compliance with the act identified in QUESTION 3.3.1.
2 | WEEKLY TEST -E E A , B C E A & C O I D A
(3)
(4)
[20]
TOTAL QUESTION 3: 20 MARKS
QUESTION 4
4.1
Read the statement below and answer the questions that follow.
Businesses are compelled to ensure that employees work in a safe environment and that workplace injuries
are reported.
4.1.1
Identify the Act that is applicable to the scenario above.
(2)
4.1.2
Outline TWO actions that could be regarded as discriminatory, with reference to the Act identified in
QUESTION 4.1.1.
(4)
4.1.3
Explain the impact of the Act mentioned in QUESTION 4.1.1 on businesses.
(4)
[10]
TOTAL QUESTION 4: 10 MARKS
TOTAL: 50 MARKS
3 | WEEKLY TEST -E E A , B C E A & C O I D A
MARKING GUIDELINE
QUESTION 1
1.1
1.1.1
D√√
(2)
1.1.2
C√√
(2)
1.1.3
C√√
(2)
1.1.4
C√√
(2)
1.1.5
C√√
(2)
1.2.1
double√√
(2)
1.2.2
Compensation for Occupational Injuries and Diseases√√
(2)
1.2
[14]
TOTAL QUESTION 1: 14 MARKS
QUESTION 2
2.1
2.1.1








2.1.2
Purpose of EEA
The EEA allows employees who do the same work to be paid equally.√√
Eliminates discrimination on grounds of gender/race/disability in the workplace.√√
Promotes equal opportunity and fair treatment in the workplace.√√
Protects employees from victimisation if they exercise the rights given to them by the EEA.√√
Promotes diversity in the workplace by ensuring that people of diverse backgrounds are appointed√√
Ensures equal representation in the workplace through the implementation of affirmative action.√√
Ensures equal representation of all population groups in the workplace.√√
Any other relevant answer related to the purpose of the EEA.
Max (2)
Impact of the Employment Equity Act, 1998 (Act 55 of 1998), on businesses.
Positives/Advantages




Encourages consultation√ between employer and employees.√
Motivates employees√ because the workforce is more diverse/ representative/inclusive.√
Creates a framework√ of acceptable employment practices/affirmative action measures.√
Prevents unfair discrimination/discriminatory appointments√ as it ensures that the workforce represents
the demographics of the country/promotes diversity in the workplace.√
4 | WEEKLY TEST -E E A , B C E A & C O I D A






Motivates employees√ because everyone has the same employment opportunities.√
Appointment process is clearly defined√, so all parties are well informed.√
Promotes the implementation of affirmative action measures√ to redress the imbalance in
employment.√
Businesses are in a better position√ to negotiate contracts with the government.√
Impacts positively√ on BEE ratings for businesses.√
Any other relevant answer related to the positive impact/advantages of EEA on businesses.
AND/OR
Negatives/Disadvantages












Increased administration burden√, as businesses must compile/submit employment equity reports
every two years.√
Expensive to train/employ someone√ who knows little about the Act.√
Other groups may not respect the knowledge/skills/experience of an EEA appointment√ and may lead
to conflict.√
Fines/Penalties for non-compliant businesses√ may be expensive for the business.√
Employers have to appoint one or more senior managers to ensure the implementation of the plan√,
which increases salary expenditure.√
Skilled people from designated groups may demand higher salaries√ which increase salary expenses.√
Job hopping of skilled/trained EE appointees√ may increase staff turnover.√
Diversity in the workplace√ may lead to conflict/unhappiness.√
Businesses must submit a compliance certificate√ before they can conduct business with state
businesses.√
Businesses are sometimes pressurised to appoint an unsuitable person√ to meet EEA requirements.√
Often positions go unfilled√ because there are no suitable EEA candidates.√
Any other relevant answer related to the negative impact/disadvantages of the EEA on businesses.
Max (4)
[6]
TOTAL QUESTION 2: 6 MARKS
QUESTION 3
3.1
3.1.1







3.2
Purpose of the Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997).
Enforces/Establishes basic conditions of employment√ for employers and employees.√
Set minimum requirements/standards√ for the employment contract.√
Regulates the right to fair labour practices√ as set out in the Constitution.√
Adheres to the rules and regulations√ set out by the International Labour Organisation.√
Regulates the variations√ of basic conditions of employment.√
Advances economic development√ and social justice.√
Any other relevant answer related to the purpose of the BCEA.
BCEA provisions
3.2.1 Working hours/Ordinary hours of work/Working time/Normal work time√√
5 | WEEKLY TEST -E E A , B C E A & C O I D A
Max (2)
3.2.2 Family responsibility leave/Paternity leave√√
3.2.3 Meal interval/Meal break/Rest periods√√
3.2.4 Child labour/Forced labour√√
3.2.5 Overtime√√
(5 x 2) (10)
3.3
3.3.1
Basic Conditions of Employment Act/ BCEA √√
Motivation: The business did very well in their first few years, because they ensured that the
employment conditions were followed. √
(3)
NOTE: Do not award marks for motivation if the act was wrongly identified.
3.3.2


3.3.3







Identify actions regarded as discriminatory from the scenario above.
“Elma wants to leave the business, because Lola the owner told her that she is only allowed three
consecutive months unpaid maternity leave. “
OR
“Vusi is forced by the owner take ten minutes lunch break to avoid decreasing production.”
(1)
Penalties for non- compliance
Labour inspectors may serve a compliance order by writing to the Department of Labour√√
The Director General may agree/change/cancel the compliance order.√√
Labour inspectors may investigate/inspect/ask questions about complaints and remove records as
evidence.√√
Businesses may be taken to the labour court for a ruling.√√
Businesses that are found guilty of non-compliance may face heavy fines/ penalties.√√
They can be ordered to pay compensation and damages to the employee.√√
Any other relevant answer related to the penalties businesses may face for non- compliance with the
BCEA.
Max (4)
[20]
TOTAL QUESTION 3: 20 MARKS
6 | WEEKLY TEST -E E A , B C E A & C O I D A
QUESTION 4
4.1
4.1.1
.
Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993)/ Compensation for
Occupational Injuries and Diseases Amendment Act, 1997 (Act 61 of 1997) √√
NOTE: Accept COIDA/Compensation for Injuries and Diseases Act
4.1.2






4.1.3
(2)
Discriminatory actions
Employers who bribe/prevent employees from reporting the accident/injury.√√
Providing false information about previous serious accidents/occupational diseases/employee
information.√√ - Employers who do not contribute to the Compensation fund.√√
Employers who do not allow claims for injuries, discriminates against injured employees.√√
Employers that take too long to process claims/delay the claiming process.√√
Compensation that is set off against any debt of the person entitled to the compensation.√√
Any other relevant answer related to discriminatory actions under COIDA.
NOTE: Mark the first TWO (2) only.
(2 x 2) (4)
Impact of the COIDA on businesses.
Positives/Advantages














Promotes safety√ in the workplace.√
Creates a framework√ for acceptable employment practices/safety regulations.√
Supply administrative guidelines/mechanisms√ for dealing with/processing claims.√
Eliminates time and costs spent√ on lengthy civil court proceedings.√
Covers all employees at the workplace√ if both parties meet all the necessary safety provisions in the
Act.√
Employees are compensated financially for any injury/disability√ resulting from performing their duties
at their workplace.√
In the event of the death of an employee as a result of a work-related accident/ disease√, his/her
dependant(s) will receive financial support.√
Employers are protected from financial burden should an accident occur in the workplace√ provided
that the employer was not negligent.√
Employees do not have to contribute√ towards this fund.√
Employees receive medical assistance√ provided there is no other party involved.√
Any compensation to an employee/the family√ is exempt from income tax.√
The processes√ are relatively simple.√
Makes businesses more socially responsible√ as they cannot just employ workers at random in
dangerous working conditions.√
Workers are treated with dignity/respect√ as businesses view them as valuable assets and not just as
workers.√
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
Any other relevant answer related to the advantages/positives of COIDA.
AND/OR
Negatives/Disadvantages







Claiming processes/procedures√ can be time consuming.√
Processes/Procedures required by this Act may be costly√ as paperwork places an extra administrative
burden on businesses.√
Employers have to register all their workers/make annual contributions to COIDA√, which may result in
cash flow problems.√
Employers may be forced to pay heavy penalties√ if they are found guilty of negligence/not enforcing
safety measures.√
Workers who are temporarily/permanently employed in foreign countries√ are not covered.√
Domestic/Military workers√ are not covered.√
- Any other relevant answer related to the disadvantages/negatives of COIDA.
Max (4)
[10]
TOTAL QUESTION 4: 10 MARKS
TOTAL: 50 MARKS
8 | WEEKLY TEST -E E A , B C E A & C O I D A