LLW2602
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 555326
DUE DATE: 12 AUGUST 2025
, Question (a)
Discuss whether CE can dismiss Ben for not joining CWU (7 marks)
A closed shop agreement is regulated by Section 26 of the Labour Relations Act 66
of 1995 (LRA). It is a written agreement between a majority trade union(s) and an
employer or employers’ organisation, requiring all employees covered by the agreement
to be members of the union(s).
In terms of Section 26(3) of the LRA, such an agreement must be supported by a
ballot in which two-thirds of the employees vote in favour. Once validly concluded,
Section 26(6) provides that employees who refuse to join the union may be fairly
dismissed, provided:
1. The closed shop agreement is valid and complies with the LRA requirements.
2. The employee was informed about the requirement to join the union.
3. The dismissal is not for an automatically unfair reason (e.g., religion or
conscience – s 26(7)).
Applying this to the facts:
The CWU–CE agreement is effective from 1 April 2025.
Ben was employed on 1 May 2025 and informed in writing that he must join CWU
within 30 days.
He failed to do so after three months.
If the closed shop agreement complies with Section 26(3) (i.e., proper ballot and
registration) and no exceptions under s 26(7) apply (e.g., Ben’s refusal is not due to
genuine religious or conscientious objection), CE may lawfully and fairly dismiss him for
failing to comply.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 555326
DUE DATE: 12 AUGUST 2025
, Question (a)
Discuss whether CE can dismiss Ben for not joining CWU (7 marks)
A closed shop agreement is regulated by Section 26 of the Labour Relations Act 66
of 1995 (LRA). It is a written agreement between a majority trade union(s) and an
employer or employers’ organisation, requiring all employees covered by the agreement
to be members of the union(s).
In terms of Section 26(3) of the LRA, such an agreement must be supported by a
ballot in which two-thirds of the employees vote in favour. Once validly concluded,
Section 26(6) provides that employees who refuse to join the union may be fairly
dismissed, provided:
1. The closed shop agreement is valid and complies with the LRA requirements.
2. The employee was informed about the requirement to join the union.
3. The dismissal is not for an automatically unfair reason (e.g., religion or
conscience – s 26(7)).
Applying this to the facts:
The CWU–CE agreement is effective from 1 April 2025.
Ben was employed on 1 May 2025 and informed in writing that he must join CWU
within 30 days.
He failed to do so after three months.
If the closed shop agreement complies with Section 26(3) (i.e., proper ballot and
registration) and no exceptions under s 26(7) apply (e.g., Ben’s refusal is not due to
genuine religious or conscientious objection), CE may lawfully and fairly dismiss him for
failing to comply.
