MRL3702 FINAL EXAM-ACTUAL EXAM-LATEST UPDATE 2025|
COMPLETE QUESTIONS WITH CORRECT DETAILED AND VERIFIED
ANSWERS-MOSTLY TESTED QUESTIONS | RATED 100%
CORRECT!!GUARANTEED PASS!!ALREADY GRADED A+
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 - (answers)If 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 - (answers)An 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 - (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? - (answers)A 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 - (answers)the 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 - (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? - (answers)Temporary Employment Services
Which terms of employment are regarded as core terms ito the BCEA and cannot be varied -
(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 - (answers)Employee 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 - (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 - (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 = - (answers)Occurs if someone is clearly treated differently because of a
certain characteristic for example race or gender. Eg, an employee being paid less simply
because he is disabled, of a different religion than the employer or divorced
Indirect discrimination = - (answers)Indirect discrimination is found when criteria that appear to
be neutral, negatively affect a certain group disproportionately for example, gay or Hindu people
or women. It is often disguised and hard to detect
Discuss the employee's duty to serve the employer's interests and act in good faith (3) -
(answers)Each employee owes his employer a duty of good faith, also referred to as a fiduciary
duty. An employment relationship is built on trust and confidence and this is in fact an implicit
term of every employment contract. It includes, for example, the duty not to work against the
employer's interests, not to compete with the employer, to devote hours of work to promoting the
employer's business and to act honestly
Precautionary suspensions - (answers)can be implemented to allow an employer to investigate
the alleged misconduct of an employee, and to decide whether disciplinary action should be
taken against the employee
Punitive suspension - (answers)Fair suspension without pay could be an alternative to a sanction
of dismissal in an attempt to correct the behavior of the employee
, Powers and functions of a bargaining council - (answers)- to conclude collective agreements
- to enforce such collective agreements
- to prevent and resolve labour disputes
- to promote and establish training and education schemes
- to establish and administer pension, provident, medical aid, sick pay, holiday, unemployment
and training schemes
What are the procedural requirements which must be complied with in order for a protest action
to be protected? - (answers)- trade unions or federations of trade unions should ensure that their
action complies with the definition or purpose of protest action
- trade unions or federations of trade unions should comply with the procedure prescribed by
section 77 of the LRA
Direct discrimnation - (answers)- occurs if someone is clearly treated differently because of a
certain characteristic eg race or gender
- eg an employee being paid less simply because he is disabled
Indirect discrimination - (answers)- fond when criteria that appear to be neutral, negatively affect
a certain group disproportionately eg gay or hindu
- it is often disguised or hard to detect
- eg a requirement that candidates must have a deep bass voice. In such instance, more men than
women qualify
Fiduciary duty? - (answers)An employment relationship is built on trust and confidence and this
is in fact an implicit term of every employment contract
Includes for example the duty not to work against the employers interests, not to compete with
the employer, to devote hours of work to promoting the employers business and to act honestly
4 conducts by the employer which may qualify as actions in bad faith for purposes of promotion
- (answers)- where the employer exercised its discretion inconsistently
- where the reasons provided cannot be substantiated
- where the decision was taken on a wrong principle
COMPLETE QUESTIONS WITH CORRECT DETAILED AND VERIFIED
ANSWERS-MOSTLY TESTED QUESTIONS | RATED 100%
CORRECT!!GUARANTEED PASS!!ALREADY GRADED A+
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 - (answers)If 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 - (answers)An 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 - (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? - (answers)A 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 - (answers)the 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 - (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? - (answers)Temporary Employment Services
Which terms of employment are regarded as core terms ito the BCEA and cannot be varied -
(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 - (answers)Employee 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 - (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 - (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 = - (answers)Occurs if someone is clearly treated differently because of a
certain characteristic for example race or gender. Eg, an employee being paid less simply
because he is disabled, of a different religion than the employer or divorced
Indirect discrimination = - (answers)Indirect discrimination is found when criteria that appear to
be neutral, negatively affect a certain group disproportionately for example, gay or Hindu people
or women. It is often disguised and hard to detect
Discuss the employee's duty to serve the employer's interests and act in good faith (3) -
(answers)Each employee owes his employer a duty of good faith, also referred to as a fiduciary
duty. An employment relationship is built on trust and confidence and this is in fact an implicit
term of every employment contract. It includes, for example, the duty not to work against the
employer's interests, not to compete with the employer, to devote hours of work to promoting the
employer's business and to act honestly
Precautionary suspensions - (answers)can be implemented to allow an employer to investigate
the alleged misconduct of an employee, and to decide whether disciplinary action should be
taken against the employee
Punitive suspension - (answers)Fair suspension without pay could be an alternative to a sanction
of dismissal in an attempt to correct the behavior of the employee
, Powers and functions of a bargaining council - (answers)- to conclude collective agreements
- to enforce such collective agreements
- to prevent and resolve labour disputes
- to promote and establish training and education schemes
- to establish and administer pension, provident, medical aid, sick pay, holiday, unemployment
and training schemes
What are the procedural requirements which must be complied with in order for a protest action
to be protected? - (answers)- trade unions or federations of trade unions should ensure that their
action complies with the definition or purpose of protest action
- trade unions or federations of trade unions should comply with the procedure prescribed by
section 77 of the LRA
Direct discrimnation - (answers)- occurs if someone is clearly treated differently because of a
certain characteristic eg race or gender
- eg an employee being paid less simply because he is disabled
Indirect discrimination - (answers)- fond when criteria that appear to be neutral, negatively affect
a certain group disproportionately eg gay or hindu
- it is often disguised or hard to detect
- eg a requirement that candidates must have a deep bass voice. In such instance, more men than
women qualify
Fiduciary duty? - (answers)An employment relationship is built on trust and confidence and this
is in fact an implicit term of every employment contract
Includes for example the duty not to work against the employers interests, not to compete with
the employer, to devote hours of work to promoting the employers business and to act honestly
4 conducts by the employer which may qualify as actions in bad faith for purposes of promotion
- (answers)- where the employer exercised its discretion inconsistently
- where the reasons provided cannot be substantiated
- where the decision was taken on a wrong principle
