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LLW2602
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 7 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
7 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
Effective Solar (Pty) Ltd ('ES'), manufactures solar systems and has 200 employees. There are two trade
unions with members within ES; Solar Workers Union ('SWU') which represents 120 employees and Solar
Employees Association ('SEA') which represents 80 employees. In July 2023, SWU concluded an agreement
with ES, which states that all employees of ES should become members of SWU.
Discuss the nature of the agreement concluded by ES and SWU and whether the agreement infringes the
right to freedom of association of ES's employees.
Answer:
The agreement between ES and SWU appears to be a closed-shop agreement. A closed-shop agreement is a
labour contract in which an employer agrees to only hire employees who are already members of, or agree
to join, a specific union. In this case, the agreement stipulates that all ES employees must become members
of SWU.
Closed-shop agreements are relatively rare and are often subject to legal scrutiny, as they can potentially
infringe upon employees' rights to freedom of association. This is because they limit employees' choices
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