MRL3702 OCTOBER / NOVEMBER 2024 EXAM
The four methods by which trade unions can acquire organisational rights - (ANSWER)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 - (ANSWER)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 - (ANSWER)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" - (ANSWER)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 - (ANSWER)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 - (ANSWER)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 -
(ANSWER)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 - (ANSWER)• 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 - (ANSWER)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.
The four methods by which trade unions can acquire organisational rights - (ANSWER)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 - (ANSWER)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 - (ANSWER)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" - (ANSWER)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 - (ANSWER)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 - (ANSWER)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 -
(ANSWER)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 - (ANSWER)• 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 - (ANSWER)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.
