QUESTION 1
1. Choose the most correct answer for each question.
1.1. B. Section 18
The general right to freedom of association is protected by section 18 of the Constitution.¹
1.2. C. Join and participate in trade unions of their choice
In the workplace, freedom of association entails the right of workers to form and join trade unions of
their choice and to participate in their lawful activities.²
1.3. B. Enable employers and employees to negotiate terms and conditions of employment
The purpose behind collective bargaining is to reach consensus about the terms and conditions of
employment and to formalise this by means of a collective agreement.³
1.4. B. Trade unions and employers or employers' organisations
Collective bargaining requires two or more parties, namely, a union(s) on the one hand and an
employer/employers' organisation on the other hand.⁴
1.5. B. Election of trade union representatives
A union representative has the right, at the request of an employee in the workplace, to assist and
represent the employee in grievance and disciplinary proceedings.⁵
1.6. B. Arbitration or collective agreement
A trade union may acquire organisational rights through a collective agreement or through the
Section 21 procedure (which involves conciliation and ultimately arbitration).⁶
1.7. C. Stop-order facilities
The right to have union membership fees deducted by way of a stop order gives unions the right to
authorise employers to deduct union membership fees directly from the salaries of employees and to
pay it over to the union.⁷
1.8. A. Shop stewards
A union representative is also referred to as a shop steward or shaft steward.⁸
1.9. B. Recruit members and communicate with employees
The right of access to the workplace allows the union to enter the employer's premises to recruit
members, communicate with members and also to serve its members' interests and sign up more
members.⁹
1.10. A. Enhancing effective representation of employees by trade unions
The purpose of organisational rights is to enable trade unions to be more effective in their collective
bargaining function.¹⁰
¹ Study Guide, p. 9; Labour Law Rules! 5th ed., p. 186.
² Study Guide, p. 8; Labour Law Rules! 5th ed., p. 185.
³ Study Guide, p. 11; Labour Law Rules! 5th ed., p. 192.
⁴ Labour Law Rules! 5th ed., p. 192.
⁵ Labour Law Rules! 5th ed., p. 205.
⁶ Study Guide, p. 15; Labour Law Rules! 5th ed., pp. 207–208.
⁷ Labour Law Rules! 5th ed., p. 204.
⁸ Labour Law Rules! 5th ed., p. 204.
⁹ Labour Law Rules! 5th ed., p. 204.
¹⁰ Study Guide, p. 14; Labour Law Rules! 5th ed., p. 203.