This document contains workings, explanations and solutions to the LLW2602 Assignment 2 (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... Mzansi Workers Association (‘MWA’) is a trade union with members employed by both RR Manufacturers (‘RRM’) and ...
Exam (elaborations) Collective Labour Law (llw2602) Labour Law Rules 4th Edition
Summary Labour Law Rules 4th Edition - Collective Labour Law (LLW2602)
LLW2601 Assignment 2 Semester 2 2024 | Due 13 September 2024
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Collective Labour Law (LLW2602)
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LLW2602
Assignment 1 Semester 2 2024
Unique Number: 774154
Due Date: 6 September 2024
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• Helpful answers and guidelines
• Detailed explanations and/ or calculations
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, 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.
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