LLW2602
Assignment 1
Unique No:555326
Due 12 August 2025
, (a) Can CE dismiss Ben for not joining CWU?
(7 marks)
Relevant legislation:
Labour Relations Act 66 of 1995 (LRA)
o Section 26 – Closed shop agreements
o Section 187(1)(f) – Automatically unfair dismissals
1. Nature of a closed shop agreement
A closed shop agreement is a formal contract between an employer and one or more
majority trade unions. It obliges every employee covered by the agreement to be a
member of the specified union as a condition of employment.
2. Legal requirements under Section 26 LRA
For such an agreement to be valid:
At least two-thirds of the employees who will be bound by the agreement must
approve it through a secret ballot.
Employees appointed after the agreement has taken effect must join the union
within the time frame set out in the agreement.
The union must not refuse membership for reasons that amount to unfair
discrimination (such as race, gender, religion, or political opinion).
3. When dismissal for non-membership is lawful
Section 26(5) allows an employer to terminate employment if a worker refuses to
join the union in terms of a valid closed shop agreement, and there is no lawful
reason for that refusal.
Section 26(6) and Section 187(1)(f) make dismissal automatically unfair if:
Assignment 1
Unique No:555326
Due 12 August 2025
, (a) Can CE dismiss Ben for not joining CWU?
(7 marks)
Relevant legislation:
Labour Relations Act 66 of 1995 (LRA)
o Section 26 – Closed shop agreements
o Section 187(1)(f) – Automatically unfair dismissals
1. Nature of a closed shop agreement
A closed shop agreement is a formal contract between an employer and one or more
majority trade unions. It obliges every employee covered by the agreement to be a
member of the specified union as a condition of employment.
2. Legal requirements under Section 26 LRA
For such an agreement to be valid:
At least two-thirds of the employees who will be bound by the agreement must
approve it through a secret ballot.
Employees appointed after the agreement has taken effect must join the union
within the time frame set out in the agreement.
The union must not refuse membership for reasons that amount to unfair
discrimination (such as race, gender, religion, or political opinion).
3. When dismissal for non-membership is lawful
Section 26(5) allows an employer to terminate employment if a worker refuses to
join the union in terms of a valid closed shop agreement, and there is no lawful
reason for that refusal.
Section 26(6) and Section 187(1)(f) make dismissal automatically unfair if:
