Exam (elaborations)
Exam (elaborations) Collective Labour Law (llw2602) Labour Law Rules 4th Edition
- Institution
- University Of South Africa (Unisa)
IT CONTAINS MAY/JUNE QUESTION PAPERS & THE ANSWERS FROM 2022 TO 2024
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MAY/JUNE 2022A) 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)
Protection of the Right to Freedom of Association
Constitutional Protection
The South African Constitution (1996) guarantees the right to freedom of
association in:
• Section 18: "Everyone has the right to freedom of association."
• Section 23(2): "Every worker has the right to form and join a trade
union, participate in its activities and strike."
Legislative Protection
The Labour Relations Act (LRA), 1995, and the Basic Conditions of
Employment Act (BCEA), 1997, protect this right.
• Labour Relations Act (LRA), 1995:
• Section 4: Prohibits unfair labor practices, including interference with or
restraint on freedom of association.
• Sections 95-111: Regulates trade union and employers' organization
registration and functioning.
• Basic Conditions of Employment Act (BCEA), 1997:
• Section 41: Protects employees from detriment or prejudice for
exercising freedom of association.
,Availability to Senior Managers
The right to freedom of association is generally available to all employees,
including senior managers, but with limitations.
• Labour Relations Act (LRA), 1995:
• Section 200A: Excludes senior managers from collective bargaining
and strike action.
• Section 200B: Prohibits senior managers from participating in strike
action.
Case Law
- National Union of Metalworkers of South Africa v. Abrams [2003] 12
BLLR 1135 (LC): Senior managers may join trade unions but may not
participate in strike action.
Restrictions
Senior managers face restrictions due to:
1. Fiduciary duties to the employer.
2. Confidentiality obligations.
3. Role in managing and implementing employer policies.
NOTE:
1. The Constitution and legislation protect the right to freedom of
association.
2. Senior managers have limited freedom of association due to their
managerial responsibilities.
3. Exclusions from collective bargaining and strike action apply to senior
managers.
, B) Discuss whether an employer may dismiss employees as a result
of the conclusion of a closed-shop agreement. (5)
Section 187(1)(g) of the LRA: Deems dismissal due to failure to join a trade
union unfair.
Exceptions
• Section 187(2)(a): Dismissal may be fair if:
1. Employee refuses to join the union despite reasonable opportunities.
2. Dismissal is in accordance with the closed-shop agreement.
Requirements for Fair Dismissal
- Section 188 of the LRA:
1. Employer must provide reasonable notice.
2. Employee must be given opportunity to join the union.
3. Dismissal must be procedurally fair.
QUESTION 2
i. Notice to UFB: Required Contents (Section 21(2) of the LRA)
The notice from Unite Against Exploitation (UAE) to United Fashion
Boutique (UFB) must contain:
1. Workplace specification: A clear description of the UFB workplace
where UAE seeks to exercise its rights.
2. Representativeness: Facts demonstrating UAE's representativeness
among UFB employees, such as:
- Membership numbers.
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