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COLLECTIVE LABOUR LAW - LLW2602 - STUDENT NUMBER: 3703-407-3(Lecturers - MR MK Mathiba, Adv MJ Mangammbi, Prof ME Manamela)
Possible EXAM Questions (2 hours 40 multiple choice & 40 written) 27/10
QUESTIONS
1. Define Collective Labour Law (4)
• Collective labour law relates to the tripartite relationship between employee, employer and union.
• Collective labour law is not discussed as a phase of
employment because collective labour law influences all
stages of the employment relationship.
• Collective labour law concerns employees acting together in
trade unions and employers acting individually or as
employer organisations when they bargain about matters
relating to the workplace, for example wages and better
working conditions.
2. Name 5 organisational rights and the level of representation required in order for a trade union to
acquire each of them as provided by the LRA (10) √√
Access premises of the employer Sufficient representation
Deduction of trade union membership fees Sufficient representation
Election of shop stewards Majority representation
Leave for union activities Sufficient representation
Disclosure of information Majority representation
3. Section 21 of the LRA empowers the trade union to notify the employer in writing the union seeks
to exercise organisational rights. Name 4 types of information that must be contained in the
written notice. (4) √√
• the workplace where the trade union wants to exercise the
rights
• how representative the trade union is
• which rights it wishes to exercise
• how it wants to exercise the rights
4. Discuss organisational rights in terms of section 14 of the LRA to elect a shopsteward (5)
• The number of shop stewards to be elected depends upon the size of the workforce
• The number of shop stewards increases on s sliding scale in accordance with the number of union
members employed in the workplace
• Shop Stewards have the right to assist and represent employees, and monitor the employer’s
compliance with the law
• Shop Stewards are entitled to reasonable time off with pay during working hours to perform union
functions
• Shop Stewards are employed by the employer, not the union
https://my.unisa.ac.za/portal/pda/LLW2602-16-S2/tool/0f0e…S2/2173047/LLW2602-Possible%20Exam%20Questions.docx 2016/10/25, 9L39 AM
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, 5. Although a representative trade union has the right to the
disclosure of information, the
employer need not disclose FOUR types of information. List them.
• information that is legally privileged
• personal/private information of an employee, unless the
employee consents
• information that could harm the business of the employer
• information the employer may not disclose without breaching
an order of court or contravening a legal provision
6. Suppose that ABC & XYZ could not reach an agreement regarding organisational rights. To which
dispute resolution institution would the matter be referred (1)
• CCMA
7. Name the document that must accompany the notice (1)
• a certified copy of the trade union’s registration certificate
8. Co X has 110 employees of whom 20 are managerial employees. Although it is not registered, trade
union Y represents the majority of the employees at Co X. Trade union Y informs you that it
intends to establish a workplace forum. Advise trade union Y whether it will be able to do so or
not (5)
• Although Co Y is representing the majority of employees at
Co X, it cannot establish a work forum because there are less
than 100 employees at Co X
• When calculating employees for forum purposes, managerial
employees are excluded
• This means trade union Y represents 90 employees
• Also note that Co X is not registered as required by the LRA
9. Discuss the right of trade unions to conclude closed shop and agency shop agreements and the right
of employees to freedom of association. (6) √√
The main difference between these are:
• the agency shop agreement The employer must deduct an
agreed agency fee from the wages of employees who are
identified in the agreement and who are not members of the
trade union
• the closed shop agreement is concluded by a majority union
an employer or an employer’s organisation. The employees
to be covered by the agreement must have a ballot before a
closed shop agreement is concluded. Two thirds of the
employees must vote in favour of the agreement. The
Employer must deduct the agreed subscription fee from the
employees identified in the agreement.
• Employees have the right to associate with others in order to
defend and protect their common interest in the workplace
https://my.unisa.ac.za/portal/pda/LLW2602-16-S2/tool/0f0e…S2/2173047/LLW2602-Possible%20Exam%20Questions.docx 2016/10/25, 9L39 AM
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