1.1 Selina worked for GM Hairdo (Pty) Ltd (‘GMH’) as a hairdresser until 2019 when the
business was forced to close due to COVID-19. Two years later, the business
reopened, however, Selina did not return to GMH, instead, she decided to start her
own salon in the neighborhood. GMH thinks that it is unfair that Selina could operate
a similar business in the neighborhood as that would negatively affect the customer
base GMH has built over a long period. Selina argues that business is about
competition and that both businesses must compete for customers. Labour Law
students debated about this issue and some think that GMH is greedy because
business is all about competition, while others think that GMH has a legal ground to
have Selina relocate her business elsewhere.
Discuss whether GMH has any legal remedy to use in order to have Selina relocate
her salon business elsewhere. Your answer must include the following:
the legal remedy; (2)
how that legal remedy operates; (10)
the fairness or otherwise of that legal remedy (5)
relevant legal authority (3)
1.2 Lemao and Gare are engaged in an argument on how much remuneration is paid to
an employee who has taken three weeks’ annual leave. On the one hand, Lemao
argues that, the payment is determined by the Unemployment Insurance Fund and
that nobody knows about the exact amount. On the other hand, Gare argues that,
the payment is 25% of the normal monthly salary because an employee would have
stayed away from work for three weeks and that, this is not only fair but, is also in
line with the commercial language that says, ‘value for money’.
Advise based on the applicable provision of the BCEA whether the above arguments
are correct regarding the remuneration the employers are required to pay an
employee who has taken annual leave and why. (5)
[25]
QUESTION 2
The LRA provides for the following three grounds upon which an employer may rely on to
dismiss employees: misconduct, operational requirements and incapacity. However, the
LRA further requires that all dismissals should be fair in both substance and procedure.
Answer the following questions:
(a) Discuss the procedural steps which the employer is required to follow for the
dismissal of an employee on the ground of misconduct to be fair. (16)
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(b) Distinguish between ‘desertion’ and ‘abscondment’ from work by the
employee. (4)
(c) Dismissal is only one of a number of penalties that the employer can impose
against an employee who has committed misconduct.
List five (5) examples of other penalties that may be imposed against an
employee charged with misconduct. (5)
[25]
QUESTION 3
3.1 Steno & Stelma (Pty) Ltd (‘SS’) and Fyn Boss (Pty) Ltd (‘FB’) are not only trading in
the automotive industry, but they are also adjacent to each other. SS assembles and
sells cars, while FB produces and sells car rubber parts and tyres to different car
manufacturers, including SS. SS employees are engaged in a strike which has been
going on for two weeks, because SS refused the employees’ demand for a 10%
salary increment. On the third week, the strike gained momentum as employees of
FB also engaged in a strike in support of employees of SS.
Answer the following questions with reference to the relevant legal authority:
(a) Distinguish between the nature of strikes engaged in by the employees of SS
and employees of FB. (2)
(b) Discuss the necessary procedure to be followed by employees of FB before
they can engage in their strike. (6)
(c) Assume that both strikes are protected. Are there any reasons in terms of
Labour Law which SS and FB may rely on to dismiss employees engaged in
the strikes? (3)
(d) Distinguish between a ‘lock out’ and a ‘protest action’ with reference to their
purposes. (4)
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3.2 With reference to the relevant legal authority, discuss the purpose and the
consequences of providing prior notice when employees or the employer intends to
engage in a strike or lock-out. (8)
3.3 Who presides over the CCMA matters? (2)
[25]
QUESTION 4
Dracula T (Pty) Ltd (‘DT’) is a poultry farm in Alexandra township, west of Gauteng province.
DT rears and sells chickens to established grilling houses in the country. It has two trade
unions with members in the workplace namely, the People’s Union (‘PU’) and Members
Union (‘MU’). The former is the majority union and the latter is the minority union. Both PU
and MU need organisational rights in order to effectively bargain for their respective
members’ interests within the workplace.
Answer the following questions with reference to the relevant legal authority:
(a) Explain which of the organisational rights should be granted to PU and MU
respectively. (10)
(b) What is your understanding of the concept: ‘collective bargaining’? Your answer
must contain the following:
what collective bargaining entails; and (4)
the purpose of collective bargaining. (1)
(c) Assume that Minnie is a senior manager at DT. Discuss whether Minnie is also
entitled to join and partake in trade union activities. (10)
[25]
TOTAL: [100]
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