Exam (elaborations)
LABOUR LAW EXAM 2020
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- University Of South Africa (Unisa)
- Book
- Labour Law
LABOUR LAW EXAM 2020 LLAW6212
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Spiwe Chelsea Moyo19010787
LLAW6212
Labour Law Exam
, QUESTION 1
1.1.1 The provision that will be applicable to Melissa’s is a collective agreement concluded
with a bargaining council which stipulates employees to be entitled to three months of
maternity leave.
1.1.2 A bargaining council concludes the agreement and it will take precedence over other
provisions. Additionally, a collective agreement may not vary a core right that is stipulated
by the Basic Conditions of Employment Act. However, the annual leave may be limited to
two weeks annually1.
1.2 According to the Basic Conditions of Employment Act, Melissa will be entitled to four
months of maternity unpaid leave and it may commence four weeks before the due
date, however, its should be in writing and certified by a medical practitioner or a
midwife that she is expected to give birth on a specified date 2. Additionally, an employee
may not return to work before six weeks has passed after she has given birth.
Furthermore, any employee who miscarries pregnancy or has a still-born child will be
entitled to six weeks of leave, after the miscarriage has occurred.
However, the onus lies on Melissa as the employee to inform her employer of the dates
she plans to take leave and this notice should be in writing. An employee can also claim
for employee benefits according to the Unemployment Insurance Act.
1.3 A strike is defined as :
“a partial or complete concerted refusal to work, or the retardation or obstruction of
work, by persons who are or have been employed by the same employer or by different
employers, for the purpose of remedying a grievance or resolving a dispute in respect of
any matter of mutual interest between ...”
1
Et al 68- 71
2
Basic Conditions of Employment Act.
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