Exam (elaborations)
LLW2602 EXAM PACK
- Course
- Collective Labour Law
- Institution
- University Of South Africa
Exam of 19 pages for the course Collective Labour Law at University of South Africa (LLW2602 EXAM PACK)
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AA Union a representative union at UNISA approached management about
a 10% increase in the wages of its members. UNISA management offers
the union only 7.5%.The parties fail to reach an agreement and the dispute
is referred to the CCMA for conciliation. Within two weeks of the referral
on a Monday morning the union informs the University management that
because the University is not prepares to meet their demand its members
will embark on a strike as from Tuesday morning.
Discuss whether the strike by members of AA Union will be protected.
• In order for a strike to be protected, the action itself must be in line
with the definition of a strike in terms of section 213 of the LRA.
• A dispute must exist between the parties and this dispute must be
referred to a council or CCMA for conciliation, and a certificate stating
that the dispute remains unresolved must be issued or a period of 30
days must have elapsed since referral.
• Thereafter, 48 hours9 written notice must have been given before the
commencement of the strike.
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