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LRM3702 Assignment 3 Semester 1 Memo | Due 29 April 2025

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LRM3702 Assignment 3 Semester 1 Memo | Due 29 April 2025. All questions answered. The South African Retail Network (SARN) The South African Retail Network (SARN), a prominent company in the retail sector, operates several outlets across the country. Over the years, SARN has been committed to offering competitive wages and benefits to its employees, alongside maintaining a reputation for excellent customer service. However, recently, tensions have begun to rise between SARN’s management and the Retail and Allied Workers' Union (RAWU), which represents a significant portion of SARN's workforce. The conflict began when SARN, following a period of solid profitability, proposed a modest wage increase for its employees. John Smith, Head of Human Resources at SARN, communicated to the union via email that, given the economic conditions, the wage increase was reasonable and in line with industry standards. The company also pointed out that the increase was part of a broader strategy to ensure long-term financial sustainability. However, Thuli Nkosi, President of RAWU, rejected the proposal. Instead of responding via email, Thuli chose to call John directly, expressing her disagreement with the offer. During the call, she argued that the wage increase was insufficient, and she asserted that SARN, with its profitability, could afford to offer more. Thuli’s tone was firm, emphasising that the workers’ contribution to the company’s success deserved better recognition. She communicated that the union would not accept the current terms and would escalate the matter if necessary. As negotiations continued, no agreement was reached, and the dispute started to affect the morale and work environment within SARN’s stores. As tensions escalated, RAWU formally referred the dispute to the Commission for Conciliation, Mediation, and Arbitration (CCMA) in an attempt to resolve the issues. However, despite this referral, the union failed to attend several conciliation sessions and instead encouraged its members to demonstrate their commitment to the cause by taking action. Some senior members of RAWU even argued that the CCMA process would only delay a resolution. After about a week of unsuccessful conciliation attempts, RAWU members decided to go on strike without providing any prior notice to SARN. Over the following weeks, several incidents occurred at various SARN stores, including disruptive protests, blocked entrances, and property damage. As the situation became more volatile, RAWU announced it would escalate its actions unless SARN agreed to the union’s demands. This strike impacted multiple SARN locations nationwide, significantly affecting operations and customer service. The situation worsened when SARN’s management, faced with ongoing disruptions and financial losses, began to explore other potential measures to mitigate the impact on the business, including the possibility of retrenchments. The company’s financial position was deteriorating due to the ongoing unrest, and it became clear that drastic decisions might be necessary to preserve the company’s viability. QUESTION 1 1.1 Explain the components of the communication process between SARN and RAWU at the beginning of the wage negotiations. Consider how both SARN’s management and RAWU conveyed their positions. (6) 1.2 Which specific type of communication occurred between SARN and RAWU at the beginning of the wage negotiations? Substantiate your answer with reference to the information in the case study. (3) 1.3 Identify and briefly explain any two (2) obstacles to successful communication faced by SARN and RAWU in achieving clear and effective communication. (4) Total for Question 1: [13] QUESTION 2 2.1 Identify the main cause of the conflict in the case study. In your answer, you should demonstrate your understanding of the main causes of conflict outlined in the study material by clearly explaining how these causes are reflected in the case study. (3) 2.2 What type of conflict is present in the situation between SARN and RAWU? Focus on the level at which the conflict is occurring, as described in the case study. (2) 2.3 Which specific form of participation is evident in the case study? Please substantiate your answer by referring to the case study. (2) Total for Question 2: [7] QUESTION 3 3.1 Identify the type of strike evident in the case study and substantiate your answer. (2) 3.2 Critically analyse the legality of actions taken by RAWU members before and during the strike. Discuss the potential consequences of these actions, considering the requirements set out in the Labour Relations Act (LRA). (7) 3.3 You are a labour consultant, and SARN management has contacted you for advice. They want to initiate disciplinary action against striking workers but want to ensure they stay within the confines of the law. Provide guidelines to SARN on how to proceed in this situation, with specific reference to the relevant provisions of the Labour Relations Act (LRA) and Item 6 of the Code of Good Practice: Dismissal. (6) Total for Question 3: [15] QUESTION 4 4.1 Analyse the factors cited by SARN's management for contemplating retrenchments and assess whether these factors align with the substantive requirements outlined in the Labour Relations Act 66 of 1995 to ensure the fairness of retrenchments. (5) 4.2 Musa, a sales assistant at SARN, participated in the strike initiated by RAWU over the wage dispute. Musa believed it was necessary to support his colleagues' demands for better pay and working conditions. After returning to work following the strike, Musa was called into a meeting by John Smith, SARN's HR Manager. Musa was informed that his participation in the unprotected strike was considered misconduct, and as a result, he was dismissed for his actions. Musa disputed the dismissal, claiming that it was automatically unfair and referred the case of unfair dismissal to the CCMA. As the CCMA commissioner, you are tasked with deciding on Musa’s claim. What would your decision be in this matter, and what factors would you consider in determining whether the dismissal was fair or unfair? (5) Total for Question 4: [10] LAYOUT AND TECHNICAL PRESENTATION. [5] TOTAL = 50 MARKS

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The South African Retail Network (SARN)

The South African Retail Network (SARN), a prominent company in the retail sector, operates several
outlets across the country. Over the years, SARN has been committed to offering competitive wages
and benefits to its employees, alongside maintaining a reputation for excellent customer service.
However, recently, tensions have begun to rise between SARN’s management and the Retail and
Allied Workers' Union (RAWU), which represents a significant portion of SARN's workforce.

The conflict began when SARN, following a period of solid profitability, proposed a modest wage
increase for its employees. John Smith, Head of Human Resources at SARN, communicated to the
union via email that, given the economic conditions, the wage increase was reasonable and in line with
industry standards. The company also pointed out that the increase was part of a broader strategy to
ensure long-term financial sustainability.

However, Thuli Nkosi, President of RAWU, rejected the proposal. Instead of responding via email,
Thuli chose to call John directly, expressing her disagreement with the offer. During the call, she
argued that the wage increase was insufficient, and she asserted that SARN, with its profitability,
could afford to offer more. Thuli’s tone was firm, emphasising that the workers’ contribution to the
company’s success deserved better recognition. She communicated that the union would not accept the
current terms and would escalate the matter if necessary.

As negotiations continued, no agreement was reached, and the dispute started to affect the morale and
work environment within SARN’s stores.

As tensions escalated, RAWU formally referred the dispute to the Commission for Conciliation,
Mediation, and Arbitration (CCMA) in an attempt to resolve the issues. However, despite this referral,
the union failed to attend several conciliation sessions and instead encouraged its members to
demonstrate their commitment to the cause by taking action. Some senior members of RAWU even
argued that the CCMA process would only delay a resolution. After about a week of unsuccessful
conciliation attempts, RAWU members decided to go on strike without providing any prior notice to
SARN.

Over the following weeks, several incidents occurred at various SARN stores, including disruptive
protests, blocked entrances, and property damage. As the situation became more volatile, RAWU
announced it would escalate its actions unless SARN agreed to the union’s demands. This strike
impacted multiple SARN locations nationwide, significantly affecting operations and customer
service. The situation worsened when SARN’s management, faced with ongoing disruptions and
financial losses, began to explore other potential measures to mitigate the impact on the business,
including the possibility of retrenchments. The company’s financial position was deteriorating due to
the ongoing unrest, and it became clear that drastic decisions might be necessary to preserve the
company’s viability.
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