LLW2602 EXAM PACK 2022

LLW2602 EXAM PACK 2022. LLW2602 - Collective Labour Law Discuss the protection of the right to freedom of association in terms of the Constitution and legislation. Also explain whether this right is available to senior managers in the workplace. (15) (b) Discuss whether an employer may dismiss employees as a result of the conclusion of a closed-shop agreement. (5) [20] QUESTION 2 Unite Against Exploitation (“UAE”) is a trade union representing employees in the retail sector. UAE seeks to obtain organisational rights within United Fashion Boutique (“UFB”), a clothing retailer in Gauteng Province by invoking the procedure in section 21 of the LRA . UAE notifies UFB in writing that it seeks to obtain organisational rights. (i) Explain what the notice to UFB must contain and identify a document that must accompany this notice. (5) (ii) How many days after the notice has been issued must UAE and UFB hold a meeting? (1) (iii) Assume that after the meeting, UAE and UFB fail to conclude a collective agreement and UAE referred a dispute to the CCMA. Explain what the CCMA commissioner must do to determine whether UAE is sufficiently represented. (6) (iv) Assume that the commissioner decides to grant the right to disclosure of information to UAE. Discuss what this right entails. (8) [20] QUESTION 3 Zamani (Pty) Ltd is an undertaking responsible for refining raw materials in the mines across the Northern Cape Province. Mining companies in the province have scaled down their operations due to diminished mineral resources, resulting in Zamani contemplating restructuring its workforce. The restructuring process at Zamani (Pty) will also result in a retrenchment of no less than 100 employees. For purposes of these processes, Zamani (Pty) Ltd and its employees decide to form a workplace forum. S - The study-notes marketplace Downloaded by: munyaiphumudzo28 | Distribution of this document is illegal Want to earn R1,135 per month? S - The study-notes marketplace LLW2602 May/June 2022 7 (i) What does the term “employee” mean in the context of a workplace forum? (4) (ii) Discuss the essence of meetings that a workplace forum is required to hold with employees and employers. (8) (iii) Mention matters about which the workplace is entitled to be consulted. (8) [20] QUESTION 4 Forward With Workers (“FWW”) represents a majority of employees at Genuine Leather Accessories (“GLA”). GLA has proposed to abolish the transport allowance given to employees who work on weekends. It submits that these employees receive payment for overtime worked, and they also work during the day. It also states that it can no longer afford paying the allowance. Without informing GLA, employees who are members of FWW decide to stop working on weekends. (i) Define the industrial action taken by members of FWW. (6) (ii) Mention the circumstances under which the action defined above is prohibited. (6) (iii) Discuss the principle of ‘no work, no pay’ in relation to the action of members of FWW above. (4) (iv) GLA decides to dismiss members of FWW. Discuss the ultimatum that GLA is required to give to these members. (4) [20] TOTAL: [80] © UNISA 2022 S - The study-notes marketplace Downloaded by: munyaiphumudzo28 | Distribution of this document is illegal Want to earn R1,135 per month? S - The study-notes marketplace LLW2602 May/June 2022 8 ANNEXURE A PLAGIARISM DECLARATION Student name: __________________________________________________________ Student number: ________________________________________________________ Course code: ___________________________________________________________ I know that plagiarism is to use another’s work and pass it off as one’s own work. I know that plagiarism is wrong. I confirm that this portfolio is my own work. I have acknowledged all sources that I have used. I have not directly copied anything from the internet or from any other source. I have indicated every quotation and citation in a footnote or bracket linked to that quotation. I have not allowed anyone else to copy my work so as to pass it off as their work. I understand that if any unacknowledged copying whatsoever appears in my portfolio, I will receive 0% for the portfolio. I am aware of the UNISA policy on plagiarism and understand that disciplinary proceedings can be instituted against me by UNISA if I contravene this policy.