LLW2602 Assignment 2 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ... Mzansi Workers Association (‘MWA’) is a trade union with members employed by both RR Manufacturers (‘RRM’) and ...
LLW2602
Assignment 2 Semester 2 2024
Unique #: 774154
Due Date: 6 September 2024
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1 (2 ANSWERS PROVIDED)
The strike that employees of SSG wish to engage in is a secondary strike.
According to Section 66(1) of the LRA, a secondary strike is defined as a strike or
conduct in contemplation or furtherance of a strike, in support of a strike by other
employees against their employer. This type of strike does not include strikes in
pursuit of a demand referred to a council if the striking employees within the
registered scope of the council have a material interest in that demand. In this case,
the primary strike is by employees of RRM, and the secondary strike is by
employees of SSG who wish to support their fellow union members at RRM.
Requirements for a Protected Secondary Strike
For the secondary strike by SSG employees to be protected under the LRA, several
requirements must be met:
Primary Strike Protection: The primary strike at RRM must be protected. This
means it must comply with the procedural requirements of the LRA, including notice
and conciliation processes. If the primary strike is not protected, the secondary
strike will also be unprotected.
Notice to Secondary Employer: The secondary employer, SSG in this case, must
be given seven days' prior written notice of the secondary strike (Section 66(2)(b)
of the LRA). This notice period allows SSG an opportunity to put pressure on RRM
to resolve the dispute and meet the demands of the primary strikers. If the
secondary strike relates to dismissals for operational reasons, then a 14-day notice
period is required under Section 189A(11)(c) of the LRA.
Proportionality: The nature and extent of the secondary strike must be reasonable
in relation to the possible direct or indirect effect it may have on the business of the
primary employer, RRM (Section 66(2)(c) of the LRA). This proportionality
requirement ensures that the secondary strike does not cause undue harm to the
secondary employer without having a significant impact on the primary employer.
Protection Mechanisms
If all these requirements are met, the secondary strike will be protected. The
protection ensures that:
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