LAB3141 (UNIVEN) FIRST SEMESTER MAIN EXAMINATIONS (QUALITY ANSWERS) Semester 1 2024 - DUE 20 March 2024
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Course
LAB3141 - LABOUR LAW (LAB3141)
Institution
University Of Venda (UNIVEN)
Book
Labour Law Rules! Third Edition
This document contains workings, explanations and solutions to the LAB3141 FIRST SEMESTER MAIN EXAMINATIONS (QUALITY ANSWERS) Semester 1 2024 - For assistance call or Whats-App us on 0.6.8...8.1.2...0.9.3.4........ Question 1
1.1 The Labour Relations Act 66 of 1995 makes provision for organisatio...
In terms of the Labour Relations Act 66 of 1995, it is considered a refusal to
bargain when an employer fails to engage in meaningful discussions and
negotiations with a trade union representing its employees. This conduct may
include:
1. Ignoring or failing to respond to the trade union's requests to enter into
negotiations for the purpose of collective bargaining.
2. Unreasonably delaying the commencement of negotiations, or
continuously postponing scheduled bargaining sessions without valid
reasons.
3. Failing to provide the trade union with relevant information necessary
for the bargaining process, such as financial statements, business
plans, or other information that may influence the collective bargaining
agreement.
4. Making unilateral decisions on matters that are subject to collective
bargaining without consulting or involving the trade union.
5. Refusing to participate in dispute resolution mechanisms, such as
conciliation or arbitration, when negotiations reach a deadlock.
In the case of Anna Workers Union (AWU) and Local Food SA (Pty) Ltd, the
employer's refusal to disclose information necessary for the collective
bargaining process could amount to a refusal to bargain in terms of the LRA.
The right to disclose information is an important organisational right provided
for in the LRA, as it enables the trade union to effectively engage in
negotiations and make informed decisions on behalf of its members.
Therefore, if Local Food SA (Pty) Ltd is withholding relevant information from
AWU, it could be seen as a refusal to bargain and a violation of the LRA.
It is important for employers to recognize and respect the rights of trade
unions, including the right to engage in collective bargaining and access to
relevant information. Failing to do so not only violates the provisions of the
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