LLW2602
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 555326
DUE DATE: 12 AUGUST 2025
, Collective Labour Law
(a) Can CE dismiss Ben for not joining CWU? (7 marks)
Relevant law:
The Labour Relations Act 66 of 1995 (LRA), specifically sections 26 and 187(1)(f),
deals with closed shop agreements.
1. Definition
A closed shop agreement is a written collective agreement between a majority trade
union(s) and an employer that requires all employees covered by it to be union
members.
2. Key conditions (s26 LRA)
It must be voted in by two-thirds of the employees covered by the agreement, in
a secret ballot.
Employees employed after the agreement takes effect must become members
of the union.
The agreement must not discriminate against applicants for membership on
unfair grounds.
3. Dismissal for non-membership
If a valid closed shop agreement exists and the employee refuses or fails to join
the union without a valid reason, the employer may dismiss the employee
(s26(5) LRA).
The dismissal will be automatically unfair if:
o The employee refused to join on grounds of conscience, belief, religion
(s26(6) LRA).
o The closed shop agreement itself is invalid or improperly concluded.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 555326
DUE DATE: 12 AUGUST 2025
, Collective Labour Law
(a) Can CE dismiss Ben for not joining CWU? (7 marks)
Relevant law:
The Labour Relations Act 66 of 1995 (LRA), specifically sections 26 and 187(1)(f),
deals with closed shop agreements.
1. Definition
A closed shop agreement is a written collective agreement between a majority trade
union(s) and an employer that requires all employees covered by it to be union
members.
2. Key conditions (s26 LRA)
It must be voted in by two-thirds of the employees covered by the agreement, in
a secret ballot.
Employees employed after the agreement takes effect must become members
of the union.
The agreement must not discriminate against applicants for membership on
unfair grounds.
3. Dismissal for non-membership
If a valid closed shop agreement exists and the employee refuses or fails to join
the union without a valid reason, the employer may dismiss the employee
(s26(5) LRA).
The dismissal will be automatically unfair if:
o The employee refused to join on grounds of conscience, belief, religion
(s26(6) LRA).
o The closed shop agreement itself is invalid or improperly concluded.
