MRL3702 OCTOBER / NOVEMBER 2017
EXAM WITH CORRECT QUESTIONS
AND ANSWERS 2025
The four methods by which trade unions can acquire organisational rights - CORRECT-
ANSWERS-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.
The Doctrine of vicarious liability - CORRECT-ANSWERS-According to this doctrine,
an employer is liable for the unlawful or delictual acts of an employee
performed during the course of business. The operation of this doctrine is
regulated by the common law and not by labour legislation.
, Employee's duty to render services to the employer - CORRECT-ANSWERS-The primary
duty of an employee is to place her/his labour potential at the disposal of the
employer. This duty includes the employee's duty to enter and remain in the
employer's service.
The principle of "fair dismissal" - CORRECT-ANSWERS-The LRA clearly stipulates
what a fair reason and a fair corresponding process (specifically designed for
every specific reason) is in order for a dismissal to be fair. The fair reason for
a dismissal refers to 'substantive fairness'
and the correct process refers to 'procedural fairness'.
Concept of selective re-employment - CORRECT-ANSWERS-Where an employer
dismisses a number of employees for the same or similar reasons, and
subsequently offers to re-employ one or more of them, but refuses to re-
employ another, this will constitute a 'dismissal'.
Describe constructive dismissal - CORRECT-ANSWERS-here an employee resigns
because the employer made continued employment intolerable for the
employee, it will constitute a 'dismissal', better known as a 'constructive'
dismissal. Although the employee (and not the employer) terminates the
contract, it was not done voluntarily. The employer's conduct made it
impossible for the employee to continue working for the employer.
What are the effects of the insolvency of the employer on employment contracts - CORRECT-
ANSWERS-Upon sequestration of the employer, the contract of employment
is suspended for a period of 45 days. During this period the employee does
not have to render services to the employer and the employee will not
EXAM WITH CORRECT QUESTIONS
AND ANSWERS 2025
The four methods by which trade unions can acquire organisational rights - CORRECT-
ANSWERS-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.
The Doctrine of vicarious liability - CORRECT-ANSWERS-According to this doctrine,
an employer is liable for the unlawful or delictual acts of an employee
performed during the course of business. The operation of this doctrine is
regulated by the common law and not by labour legislation.
, Employee's duty to render services to the employer - CORRECT-ANSWERS-The primary
duty of an employee is to place her/his labour potential at the disposal of the
employer. This duty includes the employee's duty to enter and remain in the
employer's service.
The principle of "fair dismissal" - CORRECT-ANSWERS-The LRA clearly stipulates
what a fair reason and a fair corresponding process (specifically designed for
every specific reason) is in order for a dismissal to be fair. The fair reason for
a dismissal refers to 'substantive fairness'
and the correct process refers to 'procedural fairness'.
Concept of selective re-employment - CORRECT-ANSWERS-Where an employer
dismisses a number of employees for the same or similar reasons, and
subsequently offers to re-employ one or more of them, but refuses to re-
employ another, this will constitute a 'dismissal'.
Describe constructive dismissal - CORRECT-ANSWERS-here an employee resigns
because the employer made continued employment intolerable for the
employee, it will constitute a 'dismissal', better known as a 'constructive'
dismissal. Although the employee (and not the employer) terminates the
contract, it was not done voluntarily. The employer's conduct made it
impossible for the employee to continue working for the employer.
What are the effects of the insolvency of the employer on employment contracts - CORRECT-
ANSWERS-Upon sequestration of the employer, the contract of employment
is suspended for a period of 45 days. During this period the employee does
not have to render services to the employer and the employee will not
