Nighthawk117

FREEDOM OF ASSOCIATION - ANSPeople have the right to associate with others in order to defend and protect their common interest. IN THE WORKPLACE, FREEDOM OF ASSOCIATION ENTAILS THE RIGHT OF WORKERS TO: - ANS1. form and join trade unions of their choice 2. to participate in these unions' lawful activities 3. to organise and bargain collectively with the employer, and 4. to strike. PROTECTION I.T.O. ILO CONVENTIONS - ANS1. Conventions 87 and 98 in 1996 2. Convention 87 guarantees to...

PROCESS OF COLLECTIVE BARGAINING - ANSTwo or more parties, namely a union on the one hand and an employer/employers organisation on the other hand about terms and conditions and any other matters of mutual interest between the parties. THE LRA ENCOURAGES COLLECTIVE BARGAINING THROUGH: - ANS- granting of organisational rights - the right to establish bargaining institutions - through closed-shop and agency-shop agreements REFUSAL TO BARGAIN INCLUDES - ANS1. the employer's refusal to r...

LIST THE FOUR COMMON LAW DUTIES OF THE EMPLOYER AND THE FOUR COMMON LAW DUTIES OF THE EMPLOYEE - ANSEmployer : 1. To remunerate the employee 2. To provide the employee with work 3. To provide safe working conditions 4. To deal fairly with the employee Employee: 1. To render services to the employer 2. To work competently and diligently 3. To obey lawful and reasonable instructions 4. To serve the employer's interests and act in good faith (also called a 'fiduciary duty') LIST ...

The four methods by which trade unions can acquire organisational rights - ANS1. Through collective agreement - This means that, even if the trade union is not representative, it could have organisational rights on which the parties agreed. 2. Through membership of a bargaining council - A registered trade union that is party to a bargaining council, automatically acquires the two rights of access to the premises and to have trade union subscriptions deducted by stop order, in respect of all ...

REQUIREMENTS EMPLOYERS MUST COMPLY WITH BEFORE THEY DISMISS EMPLOYEES - ANS1. REQUIREMENTS FOR PROCEDURAL FAIRNESS 2. REQUIREMENTS FOR SUBSTANTIVE FAIRNESS FIRST STEP - ANSDetermine if conduct of the employer amounts to dismissal Determine whether it is automatically unfair, if not whether it is fair or unfair. CONTRACT OF EMPLOYMENT MAY BE TERMINATED IN ON OF THE FOLLOWING WAYS - ANS1. resignation by the employee concerned 2. on completion of an agreed period or task 3. by mutual a...

PROTECTED INDUSTRIAL ACTION - ANSRequirements for protected industrial action: 1. Definition of a strike and lock-out - parties should ensure their action complies with the definition of a stroke or lock-out, avoid the inherent limitations in the definitions of both strikes and lock-outs 2. Procedural requirements for the protection of strikes and lock outs in terms of section 64 - parties should comply with the procedure prescribed by the LRA in section 64. 3. Prohibitions or limitat...

DISMISSAL BASED ON OPERATIONAL REASONS - ANSDismissal based on operational reasons is regarded as a "no fault" dismissal because the termination does not result from the actions or fault of the employee. FOUR BROAD CATEGORIES OF OPERATIONAL REQUIREMENTS - ANS1. Economic needs 2. Technological needs 3. structural needs 4. similar needs TECHNOLOGICAL NEEDS - ANSRefer to the introduction of new technology, for example, machinery / computers that lead to the redundancy of employees; ...

THE COMMON LAW DUTIES OF AN EMPLOYEE - ANS1. to render services to the employer 2. To work competently and diligently 3. To obey lawful and reasonable instructions 4. To serve the employer's interests and act in good faith CATEGORIES OF EMPLOYEES SPECIFICALLY EXCLUDED FROM THE APPLICATION OF THE LRA - ANS• members of the National Defence Force, and • members of the State Security Agency. METHODS THROUGH WHICH BASIS CONDITIONS OF EMPLOYMENT MAY BE CHANGED - ANSVariation by way o...

WHAT DOES THE ACRONYM / ABBREVIATION TES STAND FOR - ANSTemporary Employment Services WHICH TERMS OF EMPLOYMENT ARE REGARDED AS CORE TERMS IN TERMS OF THE BCEA AND CANNOT BE VARIED - ANSmaximum working hours provisions relating to night work not less than 2 weeks annual leave 4 months maternity leave provision relating to sick leave DEFINE "FOREIGN NATIONAL" IN TERMS OF THE EMPLOYMENT SERVICES ACT 4 OF 2014 - ANSThe ESA defines a 'foreign national' as follows: 'an individual w...

PROHIBITION OF UNFAIR DISCRIMINATION - ANS1. no person may unfairly discriminate,directly or indirectly against an employee, in any employment policy or practice, on one of more grounds, including race, gender, sex, pregnancy,marital status, family responsibility, ethnic or social original, color, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or any other arbitrary ground. IT IS NOT UNFAIR DISCRIMINATION TO - ANSa)...