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LLW2602
EXAM STUDY PACK
Exam questions and answers
A Pass is guaranteed!!!
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AA Union a representative union at UNISA approached management about
a 10% increase in the wages of its members. UNISA management offers
the union only 7.5%.The parties fail to reach an agreement and the dispute
is referred to the CCMA for conciliation. Within two weeks of the referral
on a Monday morning the union informs the University management that
because the University is not prepares to meet their demand its members
will embark on a strike as from Tuesday morning.
Discuss whether the strike by members of AA Union will be protected.
• In order for a strike to be protected, the action itself must be in line
with the definition of a strike in terms of section 213 of the LRA.
• A dispute must exist between the parties and this dispute must be
referred to a council or CCMA for conciliation, and a certificate stating
that the dispute remains unresolved must be issued or a period of 30
days must have elapsed since referral.
• Thereafter, 48 hours’ written notice must have been given before the
commencement of the strike.
, ONLYSTUDENTS
• In the scenario, AA Union went on strike after two weeks’ referral,
which is not in line with the requirements. No certificate was issued
and 30 days had not passed.
• The notice given is also not sufficient. Not all procedural requirements
were complied with and the strike will therefore be unprotected.
Assuming that the strike was unprotected, discuss the procedural
requirements which must be met before employees who are engaged in
such a strike may be dismissed.
• The employer must contact the trade union at the earliest possible
opportunity to discuss the course of action it proposes to take.
• The purpose is to give the union an opportunity to persuade the
employer not to dismiss the strikers.
• The employer must also issue an ultimatum before dismissing strikers.
The purpose of the ultimatum is to convince strikers to return to work.
• The ultimatum must comply with the following requirements:
• The ultimatum must be communicated to the strikers in a medium
they understand and, if necessary, in their own language.
• The ultimatum must be clear and unambiguous, leaving no doubt as to
what is expected of them.
• The time set in the ultimatum should be reasonable.
• This means that there must be sufficient time from the moment the
ultimatum is issued to enable the workers to receive and digest the
ultimatum, as well as for them to hold meaningful discussions with
their union and to take rational decisions.
Section 64 of the LRA provides for exceptions wherein the requirements
discussed above will not have to be complied with; discuss these
exceptions.
LLW2602
EXAM STUDY PACK
Exam questions and answers
A Pass is guaranteed!!!
,ONLYSTUDENTS
AA Union a representative union at UNISA approached management about
a 10% increase in the wages of its members. UNISA management offers
the union only 7.5%.The parties fail to reach an agreement and the dispute
is referred to the CCMA for conciliation. Within two weeks of the referral
on a Monday morning the union informs the University management that
because the University is not prepares to meet their demand its members
will embark on a strike as from Tuesday morning.
Discuss whether the strike by members of AA Union will be protected.
• In order for a strike to be protected, the action itself must be in line
with the definition of a strike in terms of section 213 of the LRA.
• A dispute must exist between the parties and this dispute must be
referred to a council or CCMA for conciliation, and a certificate stating
that the dispute remains unresolved must be issued or a period of 30
days must have elapsed since referral.
• Thereafter, 48 hours’ written notice must have been given before the
commencement of the strike.
, ONLYSTUDENTS
• In the scenario, AA Union went on strike after two weeks’ referral,
which is not in line with the requirements. No certificate was issued
and 30 days had not passed.
• The notice given is also not sufficient. Not all procedural requirements
were complied with and the strike will therefore be unprotected.
Assuming that the strike was unprotected, discuss the procedural
requirements which must be met before employees who are engaged in
such a strike may be dismissed.
• The employer must contact the trade union at the earliest possible
opportunity to discuss the course of action it proposes to take.
• The purpose is to give the union an opportunity to persuade the
employer not to dismiss the strikers.
• The employer must also issue an ultimatum before dismissing strikers.
The purpose of the ultimatum is to convince strikers to return to work.
• The ultimatum must comply with the following requirements:
• The ultimatum must be communicated to the strikers in a medium
they understand and, if necessary, in their own language.
• The ultimatum must be clear and unambiguous, leaving no doubt as to
what is expected of them.
• The time set in the ultimatum should be reasonable.
• This means that there must be sufficient time from the moment the
ultimatum is issued to enable the workers to receive and digest the
ultimatum, as well as for them to hold meaningful discussions with
their union and to take rational decisions.
Section 64 of the LRA provides for exceptions wherein the requirements
discussed above will not have to be complied with; discuss these
exceptions.
