LAB3141 (UNIVEN) FIRST SEMESTER MAIN EXAMINATIONS (QUALITY ANSWERS) Semester 1 2024 - DUE 20 March 2024

This document contains workings, explanations and solutions to the LAB3141 FIRST SEMESTER MAIN EXAMINATIONS (QUALITY ANSWERS) Semester 1 2024 - For assistance call or Whats-App us on 0.6.8...8.1.2...0.9.3.4........ Question 1 1.1 The Labour Relations Act 66 of 1995 makes provision for organisational rights to enable the trade union to engage effectively in collective bargaining with the employer. Amongst organisational rights, there is the right to disclose information. Anna Workers Union (AWU) is a newly founded trade union which represents employees at Local Food SA (Pty) Ltd. AWU accuses Local Food of refusing to bargain with it. Answer the following questions: 1.1.1 Which conduct by the employer amounts to a refusal to bargain in terms of the LRA. (10) 1.1.2 Discuss the circumstances under which certain information cannot be disclosed or withheld by the employer for the purposes of bargaining. (8) 1.1.3 Discuss the ways in which a trade union may acquire organisational rights? (6) 1.1.4 What is the primary goal of collective bargaining? (1) [25] Question 2 2.1 Maluleke (Pty) Ltd employs sixty employees, half of whom are males, and another half are females. Maluleke (Pty) Ltd business is in agriculture with an annual turnover of 16 million rands. In line with the affirmative action goals set out in the Employment Equity Act 55 of 1998, all the designated employers must develop an employment equity plan to ensure equality in the workplace. In line with the above statement, answer the following questions: 2.1.1 Who are ‘designated employers’ for the purpose of affirmative action? (10) 2.1.2 Does Maluleke (Pty) Ltd satisfy the description of the designated employer and why? (2) 2.1.3 Distinguish between the formal approach to equality and the substantive approach to equality? (6) 2.2 Assume that Lebohang, a very experienced truck driver, retires and, in his place, Maluleke (Pty) Ltd puts, Annalize, a new graduate from UNIVEN with no experience, but on the terms and conditions that are more lucrative than those of Tebele and 20 other employees with comparably the same experience as Lebohang. When asked why experienced employees were overlooked in preference of Annalize, Maluleke (Pty) Ltd simply stated that ‘she is young and has a future ahead of her’. Lebohang and others think Maluleke (Pty) Ltd’s conduct amounts to an unfair discrimination. 2.2.1 Which discriminatory employment practices are prohibited against employees in terms of the Employment Equity Act 55 of 1998? (2) 2.2.2 In line with the above scenario, discuss with the relevant case law the prohibited ground of discrimination (5) [25] Question 3 3.1 Draw a distinction between strike, picket, and protest action with specific regard to their purposes. (7) 3.2 Discuss the purpose of issuing a notice as a procedural requirement for the protection of a strike. (10) 3.3 What remedies does an employer have if employees engage in an unprotected strike? (8) [25] Question 4 4.1 Nombulelo (Pty) Ltd produces and distributes vegetables to grocery outlets in Thohoyandou. Nombulelo (Pty) Ltd employs 200 full-time employees. Between the years 2021 and 2023, Nombulelo (Pty) Ltd experienced an unstable demand for vegetable products as a result of poor economic growth due to load shedding. Rotational provision of electricity had a negative commercial impact on the Nombulelo (Pty) Ltd business and in response to that, Nombulelo (Pty) Ltd decided to retrench employees in stages. Retrenchments were conducted in the following manner: In 2021, 15 employees were retrenched; In 2022, 20 employees were retrenched; In 2023, 7 employees were retrenched; Answer the following questions with reference to the applicable authority. 4.1.1 Define and discuss the ground upon which the employer relied on to dismiss employees in the scenario above. (10) 4.1.2 Thabo argues about the scale of retrenchments conducted by Nombulelo (Pty) Ltd between 2021 and 2023. He is of the view that it was both a small-scale and a large-scale retrenchment. Advise Thabo on what was the scale of retrenchments conducted by Nombulelo (Pty) Ltd between 2021 and 2023? Motivate your answer (7) [17] Question 5 (a) What constitutes a dismissal? (6) (b) Some forms of dismissal are called 'no-fault' dismissals. Name and explain why those dismissals are called such. (2)