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MRL3702 - EXAM 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM 2024 | Questions And Answers Latest {2024- 2025} A+ Graded | 100%Verified
The four methods by which trade unions can acquire organisational rights - 1. Through collective
agreement - This means that, even if the trade union is not representative, it could have organisational
rights on which the parties agreed.
2. Through membership of a bargaining council - A registered trade union that is party to a bargaining
council, automatically acquires the two rights of access to the premises and to have trade union
subscriptions
deducted by stop order, in respect of all workplaces falling within the jurisdiction of the bargaining
council.
3. Through strike action - A union, including a minority union, may strike in support of a demand for
organisational rights even if it does not meet the statutory threshold for
acquiring such rights.
4. Through the section 21 procedure - This process entails that the registered trade union must notify
the employer
in writing that it seeks to exercise organisational rights.
The Doctrine of vicarious liability - According to this doctrine, an employer is liable for the unlawful or
delictual acts of an employee performed during the course of business. The operation of this doctrine is
regulated by the common law and not by labour legislation.
Employee's duty to render services to the employer - The primary duty of an employee is to place
her/his labour potential at the disposal of the employer. This duty includes the employee's duty to enter
and remain in the employer's service.
The principle of "fair dismissal" - The LRA clearly stipulates what a fair reason and a fair corresponding
process (specifically designed for every specific reason) is in order for a dismissal to be fair. The fair
reason for a dismissal refers to 'substantive fairness'
and the correct process refers to 'procedural fairness'.
Concept of selective re-employment - Where an employer dismisses a number of employees for the
same or similar reasons, and subsequently offers to re-employ one or more of them, but refuses to re-
employ another, this will constitute a 'dismissal'.
, Describe constructive dismissal - here an employee resigns because the employer made continued
employment intolerable for the employee, it will constitute a 'dismissal', better known as a
'constructive' dismissal. Although the employee (and not the employer) terminates the contract, it was
not done voluntarily. The employer's conduct made it impossible for the employee to continue working
for the employer.
What are the effects of the insolvency of the employer on employment contracts - Upon sequestration
of the employer, the contract of employment is suspended for a period of 45 days. During this period
the employee does not have to render services to the employer and the employee will not receive any
payment or benefits during this period. The employee may, however, claim compensation from the
Unemployment Insurance Fund. The Insolvency Act distinguishes between a trustee and a liquidator:
where an insolvent employer is an individual, a trustee is appointed and where the insolvent employer is
a company, a liquidator is appointed. The trustee or liquidator takes over the affairs of the employer to
finalise all matters in relation to the insolvent business. The trustee or liquidator can decide whether the
contracts of employment should continue after the 45 days. Unless there was an agreement of
continued employment, all the suspended contracts will automatically terminate after the date of
insolvency.The employee is entitled to severance pay in terms of section 41 of the BCEA.
Name two main functions of a workplace forum - • to promote the interests of all employees in the
workplace (again, not just union members),
• to enhance efficiency in the workplace,
• to consult on certain matters, and
• to jointly make decision on specific matters.
Describe the concept of substantive equality - Substantive equality recognises that opportunities are
determined by an individual's status as a member of a group(s). Discriminatory acts are part of patterns
of behaviour towards groups, which result in disadvantage
for such groups. The prohibition of unfair discrimination is in itself insufficient to achieve true equality,
and therefore affirmative action measures are required to correct
imbalances where disadvantage and inequality exist.
LIST FOUR CONDUCTS BY THE EMPLOYER WHICH MAY BE REGARDED AS UNFAIR AND OF BAD FAITH
RELATING TO THE PROMOTION OF AN EMPLOYEE - It is important to note that the courts will only
intervene in disputes about promotion if the employer acted in bad faith, for example where:
• the employer exercised its discretion inconsistently,
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