MRL3702 EXAM WITH CORRECT
QUESTIONS AND ANSWERS 2025
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 - CORRECT-
ANSWERSIf 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 - CORRECT-
ANSWERSAn 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 - CORRECT-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? - CORRECT-ANSWERSA 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 - CORRECT-ANSWERSthe 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 - CORRECT-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? - CORRECT-ANSWERSTemporary Employment Services
Which terms of employment are regarded as core terms ito the BCEA and cannot be
varied - CORRECT-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 - CORRECT-ANSWERSEmployee 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 - CORRECT-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 -
CORRECT-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 = - CORRECT-ANSWERSOccurs if someone is clearly treated
differently because of a certain characteristic for example race or gender. Eg, an
QUESTIONS AND ANSWERS 2025
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 - CORRECT-
ANSWERSIf 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 - CORRECT-
ANSWERSAn 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 - CORRECT-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? - CORRECT-ANSWERSA 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 - CORRECT-ANSWERSthe 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 - CORRECT-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? - CORRECT-ANSWERSTemporary Employment Services
Which terms of employment are regarded as core terms ito the BCEA and cannot be
varied - CORRECT-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 - CORRECT-ANSWERSEmployee 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 - CORRECT-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 -
CORRECT-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 = - CORRECT-ANSWERSOccurs if someone is clearly treated
differently because of a certain characteristic for example race or gender. Eg, an
