LRM3702 Assignment 8 2023 (ANSWERS)

LRM3702 Assignment 8 2023 (ANSWERS) QUESTIONS ANSWERED: QUESTION 1 Read the following news report and answer questions 1.1 and 1.2 that follows. SEVERAL HOSPITALS HIT HARD BY PUBLIC SECTOR STRIKE The ongoing public sector strike has had severe consequences for several major hospitals in three provinces. On Tuesday, doctors and nurses across these provinces faced significant challenges due to the strike. Protesters blocked access to the hospitals, making it extremely difficult for healthcare professionals to provide adequate care to patients. As a result, surgeries had to be cancelled, and emergency treatments were delayed. One example of the disruption caused by the strike occurred at Livingstone Hospital in Gqebera, Eastern Cape. Singing and chanting protestors gained access to the hospital, marching through the wards and disrupting doctors' rounds. The striking workers demanded better wages for public sector workers. Similar disruptions were reported at the NU8 Clinic in the Nelson Mandela metro municipality and the Dora Nginza Provincial Hospital in Zwide, causing long waiting times and further hindering patient care. In response to the strike, the Eastern Cape health department implemented a "no work, no pay" rule. Additionally, in Gauteng, an interdict was granted to the provincial health department on Tuesday afternoon. This interdict prevents unions and their members from obstructing health services and engaging in violent acts against healthcare staff or damaging property. By Tuesday afternoon, most hospitals in the three provinces had managed to return to a resemblance of normality in terms of patient care. However, the full impact of the strike on patient health and hospital operations will only become clear after assessing patients who were denied access to hospitals and those in intensive and high-care units. Unfortunately, the strike caused significant challenges for healthcare facilities such as Greys Hospital. A raucous crowd blocked doctors, nurses, and incoming patients from entering the hospital, leaving the night staff trapped inside and forced to provide makeshift care. The lack of specialist support during surgeries and the absence of necessary staff created potential risks for patients. Similar scenarios unfolded in other hospitals, such as Sebokeng Hospital in Gauteng, where protestors intimidated doctors, nurses, and administrative staff and prevented them from entering the facility. As a result, the hospital had to operate with skeleton staff. LRM3702 Assessment 08 (Semester 1, 2023) 9 © UNISA 2023 Despite the difficulties, most nurses returned to work by 7 pm on Tuesday. However, elective surgeries were still cancelled, and there are concerns about the potential influx of patients in the coming days. While some hospitals managed to cope with the strike's impact, others faced challenges such as delayed arrivals and walk-in patients due to burning tire barricades and protests along the routes. Fortunately, the Western Cape experienced minimal disruption, with no major incidents compromising patient care. In Limpopo, protests remained mostly non-disruptive, and health MEC Pophi Ramathuba emphasised the importance of not interrupting medical procedures. The health departments of the Eastern Cape and KwaZulu-Natal reported little to no disruption in most of their facilities. KwaZulu-Natal's health MEC, Nomagugu Simelane, appealed to those participating in the strike to consider the well-being of innocent healthcare users who depend on these facilities. Simelane reminded all healthcare professionals that they are classified as essential workers, meaning they are prohibited from striking. She encouraged organised labour to engage through appropriate channels to address pertinent issues. Source: Adapted from Bateman, C. 2022. Several hospitals hit hard by public sector strike. Mail and Guardian, 24 November. Available at: 1.1 Identify the type of strike that is evident in the news report based on the main reason for the strike. (1) 1.2 Discuss the legality of the striking workers’ actions by referring to the information in the news report above and the relevant provisions of the LRA. (7) Total for Question 1: [8] QUESTION 2 Read the news report below and then answer the question that follows. SOSHANGUVE MAN SAYS HE WAS FIRED FROM A GROCERY STORE FOR HELPING HOMELESS PEOPLE A former Soshanguve grocery store manager says he was wrongfully dismissed for helping feed some of the township’s homeless. Jabulani Thabang was an assistant manager for four years at OK Grocer on Block TT, in Soshanguve, Gauteng. He said he would provide recently expired or low-value food to homeless people in exchange for help as a way to de-escalate situations in the store. “I don’t know if you’ve ever seen a 14-year-old kid who lives on the street saying, ‘I don’t want to shoplift in the store, can I have a sandwich?'” Thabang told Sosh Times: “That is absolutely heartbreaking so I would say, ‘If you go and sweep the outside of the store, the sandwich is yours.’” Thabang said he had been doing this with the knowledge of store staff and fellow management. LRM3702 Assessment 08 (Semester 1, 2023) 10 © UNISA 2023 However, in October, the owner of the company, Mr Angelo Abrahams accused Thabang of stealing R1500 worth of product and without warning, he was dismissed. Thabang was fired during a brief meeting in Mr Abrahams’ office, despite his explanation of the circumstances. “He had been promoted multiple times (and) given multiple pay raises”, his fellow assistant manager told Sosh Times. “The worst part was that they escorted him straight out of the store on the same day,” he said. “So, this is someone who had an unblemished record, was given promotions, was on track to do great things, and was unceremoniously tossed out simply because he had the goal to be charitable to a homeless person.” Thabang has now filed a case of unfair dismissal at the CCMA. Source: Adapted from Judd, A. & Deo, C. 2022. B.C. man says he was fired from grocery store for helping homeless people. Global News, 16 February. Available at: You are the CCMA commissioner residing over the case of Mr Thabang vs OK Grocer. Critically analyse the news report and discuss the fairness of Mr Thabang’s dismissal. In your answer, you should assess whether Mr Thabang’s dismissal was fair, and also argue what the ruling, in this case, should be. You should substantiate your answer with facts based on the Labour Relations Act 66 of 1995 (LRA) and the news report. (20) Total for Question 2: [20] QUESTION 3 Read the following case study and answer questions 3.1 – 3.4 that follow. EMPLOYMENT RELATIONS AT TOPSMART Topsmart is one of the largest retailing brands in South Africa. They offer a diverse range of products, including clothing, food, beauty, homeware, and more under their own label. In South Africa, they operate approximately 500 stores, and their store count has expanded to around 300 stores across Africa and the Middle East. Their vision is to provide exceptional products and services to their customers and be a leader in the industry. Topsmart's mission is to consistently deliver outstanding shareholder returns by becoming Africa's foremost retailer of clothing, beauty products, homeware, and food. The primary goal of Topsmart is to achieve a competitive advantage through continuous improvement of a high-volume, cost-effective business model that enables them to offer their extensive range of products at affordable prices to their customer base. They strive to create a dynamic work environment that attracts and retains a diverse range of talented individuals. They take pride in having employees who represent the rich cultural diversity of South Africa. Topsmart recognises that the success of their customer-focused business relies on the performance of their employees. They believe that by recruiting, retaining, and developing a high-performing team of diverse retailers and fostering a culture that encourages optimal performance, they can consistently meet and exceed their customers' expectations. They have specialists in various functional areas such as finance, marketing, operations, and employment relations at their head office. These specialists provide consultation and support. Individual employees have specific roles and enjoy a significant level of autonomy within their responsibilities. Decision-making authority is decentralised, with less distinction between management LRM3702 Assessment 08 (Semester 1, 2023) 11 © UNISA 2023 and employees compared to other companies. Line managers are empowered to make decisions as long as they align with the organisational strategy. Every two weeks, the line manager meets with a group of six to ten trained employees from the same section to discuss, identify, analyse, investigate, and evaluate issues within their respective areas. As of 2023, Topsmart employs a total of 30,000 employees, broken down as follows: • Full-time employees: 20,000 in South Africa and 1,000 in other African and Middle Eastern countries. • Part-time/Contract employees: 8,000 in South Africa and 1,000 in other African and Middle Eastern countries. • Topsmart is committed to upholding the principles of freedom of association for their employees and views union membership as an important indicator of this commitment. Currently, 45% of their total workforce is unionised, compared to 40% in 2022 and 43% in 2021. The employees are represented by the South African Commercial Catering and Allied Workers Union (SACCAWU). 3.1 All organisations must make structural decisions concerning the roles of different parties involved in managing employment relations. Comment on the allocation of roles and the decision-making structure at Topsmart by using the information provided in the case study. (6) 3.2 Based on the information provided in the case study, identify and briefly discuss the worker participation technique adopted by Topsmart. Support your answer with relevant details from the case study. (4) 3.3 One of Topsmart's competitors, Vuka Brands, has the same approach to their employees as Topsmart. They regard their employees as one of their most valuable assets. They give due attention to their training and development needs; they strive to provide safe working conditions for their employees; and they recognise employees' efforts by fair and adequate remuneration and other means. However, unlike Topsmart, they do not welcome trade unions in their organisation. They feel that trade unions are somewhat of a nuisance as they always interfere with management’s prerogative. They don't see the necessity for trade union representation, as they believe that they are taking good care of their employees. Identify and briefly discuss the generic strategy options for the management of employment relations that have been adopted by both Topsmart and Vuka Brands respectively. (6) 3.4 You have been appointed as a labour relations consultant for Vuka Brands. Write a short memorandum to the Labour Relations Manager explaining to him why it is necessary for them to control the management of labour relations at Vuka Brands. (6) Total for Question 3: [22] QUESTION 4 Read the following news report and answer the question that follows. UNIONS VOW TO DRAG SABC BACK TO COURT OVER “UNFAIR” RETRENCHMENTS The Broadcasting, Electronic, Media and Allied Workers Union (BEMAWU) has vowed that it will once again drag the SABC to the Labour Court, following the retrenchment of 621 workers at the public broadcaster last week. LRM3702 Assessment 08 (Semester 1, 2023) 12 © UNISA 2023 BEMAWU, the Communication Workers Union (CWU) and the Information Communications and Technology Union (ICTU) are locked in talks over how they will approach their court challenge. They are set to finalise their strategy by the end of the week. “We are still having serious talks as unions, with another meeting due on Thursday, 8 April. We are also compiling a list of all the applicants, with some being the sacked workers. “There are a lot of grounds we have identified to challenge this retrenchment. It was unfair. Some of the workers said they decided to take voluntary packages because the SABC was being unreasonable. One member alleges that they were being offered the same salary they earned 35 years ago to keep their job at SABC,” said BEMAWU spokesperson Hannes du Buisson. “One of the things we are challenging is the unfair manner in which the organisation selected who should be retrenched. They used flawed requirements for certain posts just to exclude some workers. We are convinced we have a case and are willing to challenge.” Du Buisson said the unions were “shocked” and “offended” by the outsourcing of work, particularly marketing work, at the broadcaster. Furthermore, the unions argue that the SABC did not pay the required amount of severance pay to the retrenched employees. “They have hired an entire external agency to handle their marketing now, which is supposed to be a role fulfilled by employees internally – does this seem like a company in dire financial need?” Du Buisson said. According to the unions, the SABC has also been keeping unqualified personnel in acting positions for a long time to avoid permanently filling crucial positions. This will also be part of their court argument. In the mass restructuring at the SABC, 621 employees bowed out last week as the public broadcaster finalised its “emotionally charged” section 189 process. SABC chief executive Madoda Mxakwe admitted that the retrenchments were difficult, but said they were necessary to ensure the financial viability of the broadcaster. The SABC’s spokesperson, Mmoni Seapolelo, said that the broadcaster was confident that it followed every necessary step to ensure that the retrenchment process was fair. “The SABC has concluded its section 189 process and has transitioned into the new fit-for-purpose structure. This follows an extensive consultation process and rigorous recruitment and selection process across the organisation. “The section 189 process, while difficult for all stakeholders, was but part of a turnaround plan that will help to reposition the organisation to become financially sustainable and allow the SABC to proudly execute its mandate to serve the people of South Africa,” she said. The section 189 process would withstand legal scrutiny, she added. “This has been validated by three Labour Court judgements that stated that the SABC has conducted itself in a fair, transparent and procedural manner, while at all times negotiating in good faith,” said Seapolelo. The retrenchment of 621 SABC workers was announced in the middle of 2020. Notices were served in August 2020 and the retrenchments were concluded two months later. The unions also argue that this did not give the retrenched employees enough time to get other jobs. Source: Adapted from Gilili, C. 2021. Unions vow to drag SABC back to court over “unfair” retrenchments. Mail and Guardian, 7 April. Available at: You are a labour specialist, and you must write a piece for the Mail and Guardian in their “Expert Opinion” section. The newspaper tasked you to provide a comprehensive analysis of the retrenchment of the 621 workers by the SABC. Read the news report above closely and then critically analyse the fairness of these retrenchments. (12) Total for Question 4: [12] LRM3702 Assessment 08 (Semester 1, 2023) 13 © UNISA 2023 QUESTION 5 Read the following case study and answer the question that follows. MEGAWORLD EQUIPMENT'S CONTINUOUS IMPROVEMENT JOURNEY Megaworld Equipment, a leading manufacturing company, has been undergoing a series of initiatives aimed at enhancing its overall performance. In recent years, the company has been experiencing increased competition and customer demands for higher quality products and services. To address these challenges, Megaworld Equipment has been focusing on evaluating and improving its operations. One area of emphasis for Megaworld Equipment has been the evaluation of its production processes. The company has analysed its manufacturing practices, looking for opportunities to enhance efficiency and reduce costs. They have carefully examined the steps involved in their production lines, evaluating each stage's effectiveness, and identifying areas for improvement. By doing so, Megaworld Equipment has sought to learn from its own processes, refining and integrating the methods that have proven successful. They focus on evaluating and improving their product and service offerings, striving for continuous organisational improvement. Furthermore, Megaworld Equipment has also taken an interest in learning from other successful industry players, albeit discreetly. They have observed how leading companies in their sector manage their supply chain, optimise their distribution networks, and implement innovative technologies. Megaworld Equipment has gathered information on the best practices of these recognised industry leaders. They acknowledge the importance of learning from others and integrating new ideas, without explicitly stating it as benchmarking. As part of its continuous improvement efforts, Megaworld Equipment has encouraged a culture of learning and knowledge sharing among its employees. Regular training programs and workshops are conducted, where employees are encouraged to share their experiences and ideas for improvement. This practice allows the company to tap into the collective knowledge of its workforce, enabling them to integrate new ideas and practices that align with their strategic business plan. Megaworld Equipment's approach to continuous improvement is not a one-time event or a trendy management buzzword. It requires dedication, discipline, and a continuous learning mindset. Their commitment to this process is reflected in the time and resources allocated to evaluating their operations, seeking areas for enhancement, and integrating proven practices into their operations. Identify the organisational change process that Megaworld Equipment is engaged in. Briefly explain what this process entails and outline its main characteristics. Substantiate your answer by referring to the information in the case study. (8) Total for Question 5: [8]