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Summary LLW2602 Assignment 2 ( Semester 2 2020)

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LLW2602 Assignment 1 Unique Number: 2020 Semester 2

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LLW2602

Assignment 2 Second semester 2020

Unique nr 617727



QUESTION 1
Which ONE of the following statements regarding the right to freedom of association is CORRECT?
1. An employer may give an employee a bonus in exchange for him or her not exercising the right to
freedom of association.
2. Freedom of association for workers entails the right to strike.
3. The right of workers to freedom of association is only protected in terms of the Constitution.
4. Closed shop agreements are unconstitutional as they infringe workers’ right to freedom of association.

QUESTION 2
Which ONE of the following is NOT a characteristic of a closed shop agreement between a trade union and an
employer?
1. It is entered into by way of a collective agreement by a majority trade union and an employer or
employers’ organisation.
2. Union subscription fees cannot be used for political affiliation purposes.
3. The dismissal of conscientious objectors for their refusal to join the union will be unfair.
4. Only pre-entry closed shop agreements are allowed in South Africa.

QUESTION 3
Which ONE of the following statements regarding organisational rights is CORRECT?
1. An unregistered trade union that represents 55% of the employees in the workplace is entitled to
access to the workplace, the deduction of membership fees from the wages of members, the election
of shop stewards, time off for union activities for shop stewards and the disclosure of information.
2. An unregistered trade union that is not a member of a bargaining council is entitled to access to the
workplace and the deduction of membership fees from the wages of its members.
3. A registered trade union that is merely sufficiently representative in a workplace is entitled to access to
the workplace and the deduction of membership fees from the wages of its members.
4. An unregistered minority trade union can obtain organisational rights by concluding a collective
agreement with the employer

QUESTION 4
Which ONE of the following statements regarding access to the workplace as an organisational right is
CORRECT?
1. Access to the workplace allows the union to recruit members and serve their interests.
2. Access to the workplace does not allow for the voting of union members at the employer’s premises.
3. Access to the workplace allows the union to hold meetings with employees at the workplace during
working hours.
4. Access to the workplace does not allow the trade union to enter the workplace.

QUESTION 5
One of the primary objects of the LRA is to promote collective bargaining.
Which ONE of the following provisions of the LRA DOES NOT promote collective bargaining?
1. Section 4 of the LRA, which not only protects the right of employees to form and join a trade union but
also extends certain rights to employees as members of a trade union.
2. Section 77 of the LRA, which extends and protects the right to engage in protest action.
3. Section 23(3) of the LRA, which provides that a collective agreement varies the individual contract of
employment between employer and employee when both are bound by that collective agreement.
4. Section 13 of the LRA, which provides that representative trade unions are entitled to the deduction of
trade union dues.
QUESTION 6

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