QUESTION 1
(a) Discuss the protection of the right to freedom of association in terms of the
Constitution and legislation. Also explain whether this right is available to senior
managers in the workplace. (15)
(b) Discuss whether an employer may dismiss employees as a result of the concl...
(a) Discuss the protection of the right to freedom of association in terms of the
Constitution and legislation. Also explain whether this right is available to senior
managers in the workplace. (15)
(b) Discuss whether an employer may dismiss employees as a result of the conclusion
of a closed-shop agreement. (5)
[20]
QUESTION 2
Unite Against Exploitation (“UAE”) is a trade union representing employees in the retail
sector. UAE seeks to obtain organisational rights within United Fashion Boutique
(“UFB”), a clothing retailer in Gauteng Province by invoking the procedure in
section 21 of the LRA . UAE notifies UFB in writing that it seeks to obtain
organisational rights.
(i) Explain what the notice to UFB must contain and identify a document that
must accompany this notice. (5)
(ii) How many days after the notice has been issued must UAE and UFB hold
a meeting? (1)
(iii) Assume that after the meeting, UAE and UFB fail to conclude a collective
agreement and UAE referred a dispute to the CCMA. Explain what the
CCMA commissioner must do to determine whether UAE is sufficiently
represented. (6)
(iv) Assume that the commissioner decides to grant the right to disclosure of
information to UAE. Discuss what this right entails. (8)
[20]
QUESTION 3
Zamani (Pty) Ltd is an undertaking responsible for refining raw materials in the mines
across the Northern Cape Province. Mining companies in the province have scaled down
their operations due to diminished mineral resources, resulting in Zamani contemplating
restructuring its workforce. The restructuring process at Zamani (Pty) will also result in
a retrenchment of no less than 100 employees. For purposes of these processes, Zamani
(Pty) Ltd and its employees decide to form a workplace forum.
6
m
ml
, LLW2602
May/June 2022
QUESTION 1
(a) Discuss the protection of the right to freedom of association in terms of the
Constitution and legislation. Also explain whether this right is available to senior
managers in the workplace. (15)
(b) Discuss whether an employer may dismiss employees as a result of the conclusion
of a closed-shop agreement. (5)
[20]
QUESTION 2
Unite Against Exploitation (“UAE”) is a trade union representing employees in the retail
sector. UAE seeks to obtain organisational rights within United Fashion Boutique
(“UFB”), a clothing retailer in Gauteng Province by invoking the procedure in
section 21 of the LRA . UAE notifies UFB in writing that it seeks to obtain
organisational rights.
(i) Explain what the notice to UFB must contain and identify a document that
must accompany this notice. (5)
(ii) How many days after the notice has been issued must UAE and UFB hold
a meeting? (1)
(iii) Assume that after the meeting, UAE and UFB fail to conclude a collective
agreement and UAE referred a dispute to the CCMA. Explain what the
CCMA commissioner must do to determine whether UAE is sufficiently
represented. (6)
(iv) Assume that the commissioner decides to grant the right to disclosure of
information to UAE. Discuss what this right entails. (8)
[20]
QUESTION 3
Zamani (Pty) Ltd is an undertaking responsible for refining raw materials in the mines
across the Northern Cape Province. Mining companies in the province have scaled down
their operations due to diminished mineral resources, resulting in Zamani contemplating
restructuring its workforce. The restructuring process at Zamani (Pty) will also result in
a retrenchment of no less than 100 employees. For purposes of these processes, Zamani
(Pty) Ltd and its employees decide to form a workplace forum.
6
m
ml
, LLW2602
May/June 2022
(i) What does the term “employee” mean in the context of a workplace forum? (4)
(ii) Discuss the essence of meetings that a workplace forum is required to hold with
employees and employers. (8)
(iii) Mention matters about which the workplace is entitled to be consulted. (8)
[20]
QUESTION 4
Forward With Workers (“FWW”) represents a majority of employees at Genuine Leather
Accessories (“GLA”). GLA has proposed to abolish the transport allowance given to
employees who work on weekends. It submits that these employees receive payment for
overtime worked, and they also work during the day. It also states that it can no longer
afford paying the allowance. Without informing GLA, employees who are members of
FWW decide to stop working on weekends.
(i) Define the industrial action taken by members of FWW. (6)
(ii) Mention the circumstances under which the action defined above is
prohibited. (6)
(iii) Discuss the principle of ‘no work, no pay’ in relation to the action of
members of FWW above. (4)
(iv) GLA decides to dismiss members of FWW. Discuss the ultimatum
that GLA is required to give to these members. (4)
[20]
TOTAL: [80]
I know that plagiarism is to use another’s work and pass it off as one’s own work.
I know that plagiarism is wrong.
I confirm that this portfolio is my own work.
I have acknowledged all sources that I have used.
I have not directly copied anything from the internet or from any other source.
I have indicated every quotation and citation in a footnote or bracket linked to that
quotation.
I have not allowed anyone else to copy my work so as to pass it off as their work.
I understand that if any unacknowledged copying whatsoever appears in my portfolio, I
will receive 0% for the portfolio.
I am aware of the UNISA policy on plagiarism and understand that disciplinary
proceedings can be instituted against me by UNISA if I contravene this policy.
Signed by ……………………………………….
Date ………….....................
8
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