MRL3702 (2025 EXAM) QUESTIONS AND
VERIFIED ANSWERS
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.
DISCUSS PROCEDURE FOR A PROTECTED STRIKE -
<<<Answer>>>>The right to strike and lock-out should
comply with the law in order to be protected. Certain
, Requirements must be met to ensure that the action is
protected,namely:
• Requirement 1:
Definition of a strike and lock-out
The parties should ensure that their action complies with the
definition of a strike or lock-out, therefore they must avoid the
inherent limitations in
the definitions of both strikes and lock-outs.
• Requirement 2:
Procedural requirements for the protection of strikes and lock-
outs in terms of section 64
The parties should comply with the procedure prescribed by
the LRA in section 64. In certain limited circumstances
employers and employees will be exempted from complying
with these procedures. •
Requirement 3: Prohibitions or limitations on strikes and lock-
outs in terms of section 65
The parties should ensure that none of the prohibitions against
industrial action as contained in section 65 of the LRA are
applicable to their issue in dispute. These restrictions relate to
the nature of the particular dispute between the parties and
whether the nature is such that it allows for industrial action.
For example, employees can go on strike only if the dispute is
one of 'interest', meaning a dispute about a change to an
existing right or about creating a new right. Employees may
not strike about a dispute of 'right'. This is a dispute about the
application and interpretation of an existing right (for
VERIFIED ANSWERS
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.
DISCUSS PROCEDURE FOR A PROTECTED STRIKE -
<<<Answer>>>>The right to strike and lock-out should
comply with the law in order to be protected. Certain
, Requirements must be met to ensure that the action is
protected,namely:
• Requirement 1:
Definition of a strike and lock-out
The parties should ensure that their action complies with the
definition of a strike or lock-out, therefore they must avoid the
inherent limitations in
the definitions of both strikes and lock-outs.
• Requirement 2:
Procedural requirements for the protection of strikes and lock-
outs in terms of section 64
The parties should comply with the procedure prescribed by
the LRA in section 64. In certain limited circumstances
employers and employees will be exempted from complying
with these procedures. •
Requirement 3: Prohibitions or limitations on strikes and lock-
outs in terms of section 65
The parties should ensure that none of the prohibitions against
industrial action as contained in section 65 of the LRA are
applicable to their issue in dispute. These restrictions relate to
the nature of the particular dispute between the parties and
whether the nature is such that it allows for industrial action.
For example, employees can go on strike only if the dispute is
one of 'interest', meaning a dispute about a change to an
existing right or about creating a new right. Employees may
not strike about a dispute of 'right'. This is a dispute about the
application and interpretation of an existing right (for
