Exam (elaborations)
MRL3702 EXAM PACK
- Course
- MRL3702 EXAM PACK
- Institution
- University Of South Africa
Exam of 64 pages for the course MRL3702 EXAM PACK at University of South Africa (MRL3702 EXAM PACK)
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MRL3702 EXAM PACK[School]
[Course title]
,lOMoARcPSD|7257373
MRL3702
Exam Pack 2021
lOMoARcPSD|7257373
CONTENTS
Welcome....................................................................................................................................
...........................................3
October/November 2020 Exam
Paper.............................................................................................................................4
May/June 2020 Exam
Paper..........................................................................................................................................
... 9
October/November 2019 Exam
Paper........................................................................................................................... 14
May/June 2019 Exam
Paper..........................................................................................................................................
. 22
Goodluck....................................................................................................................................
......................................... 28
lOMoARcPSD|7257373
Welcome
Hello and welcome to your MRL3702 exam pack, which is a compilation of questions from
past examination
papers as well as solutions to the questions. I do hope that the content inside this pack will
help you in
achieving top marks for your upcoming exams.
lOMoARcPSD|7257373
October/November 2020 Exam Paper
(a) Acquisition of organisational rights
1. THROUGH COLLECTIVE AGREEMENT
This can be the case even for trade unions that are not representative
2. MEMBERSHIP OF A BARGAINING COUNCIL
A registered trade union that is a party to a bargaining council automatically has the right of
access to the premises and to deduct fees in respect of all those workplaces falling under
the
bargaining council. A union acquires these rights irrespective of being representative or not.
3. STRIKE ACTION
A union may strike to achieve these rights even if they don’t meet the minimum
requirements
4. SECTION 21 PROCEDURE
This requires that the union notifies the employer in writing that it seeks to exercise its
organisational rights. Within 30 days they must meet to conclude a collective agreement. If
they do
not conclude then either party can refer the dispute to the CCMA for conciliation. If no
conciliation
,reached, then the parties can process to arbitration or alternatively strike / lock-out after
serving
appropriate notice.
(b) Vicarious liability refers to a situation where someone is held responsible for the actions
or omissions of
another person. In a workplace context, an employer can be liable for the acts or omissions
of its employees,
provided it can be shown that they took place in the course of their employment. There are
three common law
requirements to determine the vicarious liability of an employer in standard matters,
namely:
1. An employer-employee relationship must be established;
2. A wrongful act must have been committed by an employee; and
3. The employee must have committed the wrongful act whilst acting within the course and
scope of
his/her employment.
lOMoARcPSD|7257373
(c) Common law duties and obligations of employees include:
To enter and remain in service
To maintain reasonable efficiency
To further the employee’s business
interests To be respectful and obedient
To refrain from misconduct generally.
(d) Section 188 of the Labour Relations Act provides that dismissal is fair if the employer can
prove that the
dismissal is related to the employee’s conduct or capacity, or if it can be proven
that the dismissal is
based on the employer’s operational requirements.
Dismissal is usually fair if a fair procedure was followed. Good practices are set out in
legislation which
outlines the discharge processes and must be taken into account.
(e) Selective re-employment: An employer who dismissed a number of employees for the
same or similar
reasons has offered to reemploy a one or more of them but has refused to re-employ
another.
(a)
(i) Dismissal for operational requirements
Operational requirements are defined in the LRA which names four broad categories:
Economic needs
Technological needs
Structural needs
Similar needs which include:
The employee’s conduct has led to a breakdown of trust in the relationship
The employee’s actions or presence have a negative effect on the business
The enterprise business conditions have changed resulting in a requirement to change the
employee’s terms and conditions of employment.
lOMoARcPSD|7257373
(ii) Seniority / FIFO (first in first out)
United People’s Union of SA: a union whose majority members were people who’d
recently started to
work for employer suggested that longer serving employees should be first to be selected
for
retrenchment = held: unacceptable criterion
LIFO /Last in Last Out
Amalgamated Workers Union of SA: Catering contractor lost one of its contracts + had to
retrenchemployees
, alleged dismissals were unfair because other shorter-serviced employees remained working
on
other contracts = held: due to practice + nature of industry, detrimental effect bumping
would have on clients,
special knowledge employees had of clients they worked for, frequency of changes,
necessity of training and
disruptive effect bumping would have had on operations – dismissals were fair
(b) Resignation (by notice / summarily) is not entirely voluntary because it was caused by
the acts /
omissions of employer. Resignation in these circumstances actually dismissal by employer.
In Pretoria
Society for the Care of the Retarded:
Labour Appeal Court: must be established that employer acted in a way that would / would
be likely to destroy / seriously damage confidence + trust relationship btw the parties.
Court must determine if employee cannot be expected to put up with conduct of the
employer as a whole
Constructive dismissal took place if employer intended to drive employee to resign: A
unilateral
change to COE which employee claimed was racial was not unfair / unreasonable since
employer had adequately consulted with employee about new appointment + changes -
There
was no coercion by employer to drive employee to leave.
(c) Termination due to insolvency of the employer Insolvency results in the following:
The contract is suspended from the date of sequestration for 45 days after the appointment
of a trustee
Under certain circumstances the employment contract may be terminated by the trustee or
liquidator
The employee need not render services
The employee is entitled to severance pay and to claim damages suffered due to
termination.
(d) Section 79 of the LRA sets out four “general functions” of a workplace forum
as follows:
• To seek to promote the interests of all employees in the workplace whether or
not they
are trade union members;
• To seek to enhance efficiency in the workplace;
• To be consulted by the employer, with a view to reaching consensus, about the
matters
referred to in section 84;
• To participate in joint decision-making about the matters referred to in s86.
lOMoARcPSD|7257373
(a) Substantive equality (opposed to formal equality) is concerned with eliminating barriers
which exclude
certain groups from participation in the workplace or celebrating their different cultures and
practices.
(b)Unfair Promotion practices:
The employer exercised its discretion capriciously
Reasons could not be substantiated
The decision was taken on a wrong principle, or
The decision was biased
(c) An occupational detriment in relation to the working environment of an employee means:
• Being subjected to any disciplinary action;
• Being dismissed, suspended, demoted, harassed or intimidated;
• Being transferred against his/her own will;
• Being refused transfer or promotion;
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