MRL3702 EXAM PACK 2023
Four circumstances under which employees of the labour broker may hold both the labour broker and the client jointly and severally liable ito the LRA
When can an employee take family responsibility ito the BCEA
What are the 3 NB elements that distinguish a collective agree...
1). Four circumstances under which employees of the labour broker may hold both the labour
broker and the client jointly and severally liable ito the lra
Ans: If the TES contravenes
- a collective agreement concluded in a bargaining council that regulates terms and
conditions of employment
- a binding arbitration award that regulates terms and conditions of employment
- the BCEA
- a determination made in terms of the BCEA
2). When can an employee take family responsibility ito the bcea
Ans: An employee is entitled to 3 days family responsibility leave for every 12 months
worked (s17). *Only for employees who have worked for longer than 4 months and who
work at least 4 days a week
3). What are the 3 nb elements that distinguish a collective agreement from any other
agreement between employees and employers
Ans: - a collective agreement must be in writing
- only a registered union can be a party to a collective agreement
- a collective agreement must regulate terms and conditions of employment or any other
matter of mutual interest between a trade union and the employer or employers
organisations
4). Definition of a strike?
Ans: A strike is the partial or complete concerted refusal to work, or the retardation or
obstruction of work, by people who are or have been employed by the same employer or
by different employers, for the purposes of remedying a grievance or resolving a dispute
on respect of any matter of mutual interest between employer and employee and every
reference to work in this definition includes overtime work, whether it is voluntary or
compulsory
5). Definition of protest action
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, Ans: the partial or complete concerted refusal to work, or the retardation or obstruction
of work, for the purpose of promoting or defending the socio-economic interests of
workers, but not for a purpose referred to in the definition of strike
6). Under which circumstances may the remedy of reinstatement not be awarded to an
employee who was unfairly dismissed
Ans: - the employee does not wish to be reinstate or re-employed
- the circumstances surrounding the dismissal are such that a continued employment
relationship would be intolerable
- it is not reasonably practicable for he employer to reinstate or re employ the employee
- the dismissal is unfair only because the employer did not follow a fair procedure
7). What does tes stand for?
Ans: Temporary Employment Services
8). Which terms of employment are regarded as core terms ito the bcea and cannot be varied
Ans: - maximum working hours
- provisions relating to work
- not less than 2 weeks annual leave
- 4 months maternity leave
- provisions relating to sick leave
9). Who is a temporary employee
Ans: Employee who is supplied to a client by a TES/Labour broker. Such a relationship
is characterised by its triangularform
10). Name and explain 3 forms of sexual harassment
Ans: - victimization: an employee is victimized or intimidated for failing to submit to
sexual advances
- quid pro harassment: employment circumstances eg promotion or an increase are
influenced by the employer, manager, or a co-employee to coerce an employee to
surrender to sexual advances
- sexual favoritism: a person in a position of authority in the workplace rewards only those
who respond to his sexual advances
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