FIRST EXAMINER: MR MK MATHIBA
SECOND EXAMINER: PROF ME MANAMELA
This paper consists of 10 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
, lOMoAR cPSD| 18998289
LLW2602
May/June 2024
QUESTION 1
(a) A group of employees at Renewable Energy (Pty) Ltd (‘RE’) decide to form a
trade union which will represent their interests during collecting bargaining and when
they have grievances or disputes with RE. When RE heard about this, it sent out an
email to all employees within the workplace informing them that ‘employees are not
allowed to form trade unions within RE, because trade unions bring politics into the
workplace’.
Discuss the protection of employees’ right to freedom of association in terms of
international law, the Constitution and the LRA. (15)
(b) The Constitution provides for ‘trade union security arrangements’ contained in
collective agreements, which are regulated under the LRA.
Mention the main purpose of ‘trade union security arrangements’ and the two types of
‘trade union security arrangements’ available under the LRA. (5)
[20]
QUESTION 2
, lOMoAR cPSD| 18998289
LLW2602
May/June 2024
The LRA provides for structures through which collective bargaining can take place, called
‘bargaining councils’. One of the functions of a bargaining council is to conclude and enforce
collective agreements on behalf of its members.
Answer the following questions:
(i) Define a ‘collective agreement’. (5)
(ii) Discuss the binding effect of collective agreements concluded by a bargaining council
and whether such agreements can be extended to trade unions and employers who are
not part of the bargaining council which concluded the collective agreement.
(15)
[20]
QUESTION 3
United Workers Association (‘UWA’) is a registered trade union which represents the majority of
employees within PR Logistics (‘PRL’). UWA decides to approach PRL to acquire the right to elect
trade union representatives (‘shop stewards’) within the workplace and the right to disclosure of
information.
Answer the following questions:
(i) Describe the right to elect shop stewards and their (shop stewards’) functions in
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