MRL3702 Exam Questions and Correct Answers Latest Update 2024 (Already Passed)
Four circumstances under which employees of the labour broker may hold both the labour broker and
the client jointly and severally liable ito the LRA - Answers If the TES contravenes
- a collective agreement concluded in a bargaining council that regulates terms and conditions of
employment
- a binding arbitration award that regulates terms and conditions of employment
- the BCEA
- a determination made in terms of the BCEA
When can an employee take family responsibility ito the BCEA - Answers An employee is entitled to 3
days family responsibility leave for every 12 months worked (s17). *Only for employees who have
worked for longer than 4 months and who work at least 4 days a week
What are the 3 NB elements that distinguish a collective agreement from any other agreement between
employees and employers - Answers - a collective agreement must be in writing
- only a registered union can be a party to a collective agreement
- a collective agreement must regulate terms and conditions of employment or any other matter of
mutual interest between a trade union and the employer or employers organisations
Definition of a strike? - Answers A strike is the partial or complete concerted refusal to work, or the
retardation or obstruction of work, by people who are or have been employed by the same employer or
by different employers, for the purposes of remedying a grievance or resolving a dispute on respect of
any matter of mutual interest between employer and employee and every reference to work in this
definition includes overtime work, whether it is voluntary or compulsory
Definition of protest action - Answers the partial or complete concerted refusal to work, or the
retardation or obstruction of work, for the purpose of promoting or defending the socio-economic
interests of workers, but not for a purpose referred to in the definition of strike
Under which circumstances may the remedy of reinstatement not be awarded to an employee who was
unfairly dismissed - Answers - the employee does not wish to be reinstate or re-employed
- the circumstances surrounding the dismissal are such that a continued employment relationship would
be intolerable
- it is not reasonably practicable for he employer to reinstate or re employ the employee
- the dismissal is unfair only because the employer did not follow a fair procedure
What does TES stand for? - Answers Temporary Employment Services
, Which terms of employment are regarded as core terms ito the BCEA and cannot be varied - Answers -
maximum working hours
- provisions relating to work
- not less than 2 weeks annual leave
- 4 months maternity leave
- provisions relating to sick leave
Who is a temporary employee - Answers Employee who is supplied to a client by a TES/Labour broker.
Such a relationship is characterised by its triangularform
Name and explain 3 forms of sexual harassment - Answers - victimization: an employee is victimized or
intimidated for failing to submit to sexual advances
- quid pro harassment: employment circumstances eg promotion or an increase are influenced by the
employer, manager, or a co-employee to coerce an employee to surrender to sexual advances
- sexual favoritism: a person in a position of authority in the workplace rewards only those who respond
to his sexual advances
9 types of dismissals which qualify as automatically unfair dismissals ito the LRA - Answers - employer
acts contrary to section 5
- participation in or supporting a protected strike or protest action
- Refusal to do the work of employees who are on protected strike
- Compelling an employee to accept a demand made by the employer
- Exercising rights against the employer
- Pregnancy, intended pregnancy or any reason relating to pregnancy
- Unfair discrimination
- Transfer of a business
- Protected disclosures
Direct discrimination = - Answers Occurs if someone is clearly treated differently because of a certain
characteristic for example race or gender. Eg, an employee being paid less simply because he is disabled,
of a different religion than the employer or divorced
Four circumstances under which employees of the labour broker may hold both the labour broker and
the client jointly and severally liable ito the LRA - Answers If the TES contravenes
- a collective agreement concluded in a bargaining council that regulates terms and conditions of
employment
- a binding arbitration award that regulates terms and conditions of employment
- the BCEA
- a determination made in terms of the BCEA
When can an employee take family responsibility ito the BCEA - Answers An employee is entitled to 3
days family responsibility leave for every 12 months worked (s17). *Only for employees who have
worked for longer than 4 months and who work at least 4 days a week
What are the 3 NB elements that distinguish a collective agreement from any other agreement between
employees and employers - Answers - a collective agreement must be in writing
- only a registered union can be a party to a collective agreement
- a collective agreement must regulate terms and conditions of employment or any other matter of
mutual interest between a trade union and the employer or employers organisations
Definition of a strike? - Answers A strike is the partial or complete concerted refusal to work, or the
retardation or obstruction of work, by people who are or have been employed by the same employer or
by different employers, for the purposes of remedying a grievance or resolving a dispute on respect of
any matter of mutual interest between employer and employee and every reference to work in this
definition includes overtime work, whether it is voluntary or compulsory
Definition of protest action - Answers the partial or complete concerted refusal to work, or the
retardation or obstruction of work, for the purpose of promoting or defending the socio-economic
interests of workers, but not for a purpose referred to in the definition of strike
Under which circumstances may the remedy of reinstatement not be awarded to an employee who was
unfairly dismissed - Answers - the employee does not wish to be reinstate or re-employed
- the circumstances surrounding the dismissal are such that a continued employment relationship would
be intolerable
- it is not reasonably practicable for he employer to reinstate or re employ the employee
- the dismissal is unfair only because the employer did not follow a fair procedure
What does TES stand for? - Answers Temporary Employment Services
, Which terms of employment are regarded as core terms ito the BCEA and cannot be varied - Answers -
maximum working hours
- provisions relating to work
- not less than 2 weeks annual leave
- 4 months maternity leave
- provisions relating to sick leave
Who is a temporary employee - Answers Employee who is supplied to a client by a TES/Labour broker.
Such a relationship is characterised by its triangularform
Name and explain 3 forms of sexual harassment - Answers - victimization: an employee is victimized or
intimidated for failing to submit to sexual advances
- quid pro harassment: employment circumstances eg promotion or an increase are influenced by the
employer, manager, or a co-employee to coerce an employee to surrender to sexual advances
- sexual favoritism: a person in a position of authority in the workplace rewards only those who respond
to his sexual advances
9 types of dismissals which qualify as automatically unfair dismissals ito the LRA - Answers - employer
acts contrary to section 5
- participation in or supporting a protected strike or protest action
- Refusal to do the work of employees who are on protected strike
- Compelling an employee to accept a demand made by the employer
- Exercising rights against the employer
- Pregnancy, intended pregnancy or any reason relating to pregnancy
- Unfair discrimination
- Transfer of a business
- Protected disclosures
Direct discrimination = - Answers Occurs if someone is clearly treated differently because of a certain
characteristic for example race or gender. Eg, an employee being paid less simply because he is disabled,
of a different religion than the employer or divorced
