2 main functions of a workplace forum - ans1. promote the interests of all employees in the workplace
2. enhance efficiency in the workplace
4 circumstances under which employees of the labour broker may hold both the labour broker and the
client jointly and severally liable ito LRA - ansIf TES contravenes:
- a collective agreement concluded in a bargaining council that regulates t&c of employment
- a binding arbitration award that regulates t&c of employment
- the BCEA
- a determination made ito the BCEA
4 conducts by the employer which may qualify as actions in bad faith for purposes of promotion - ans-
where the employer exercised its discretion inconsistently
- where the reasons provided cannot be substantiated
- where the decision was taken on a wrong principle
- where the decision was taken in a biased manner
4 requirements for the registration of trade unions - ans- must adopt a name or abbreviation which is not
so close to that of any other union so as to cause confusion
- it must adopt a constitution that complies with certain requirements
- it must have an address in SA
- it must be independent from any interference or influence by the employer
9 types of dismissals which qualify as automatically unfair dismissals ito the LRA - ans- employer acts
contrary to section 5
- participation in or supporting a protected strike or protest action
- Refusal to do the work of employees who are on protected strike
- Compelling an employee to accept a demand made by the employer
- Exercising rights against the employer
- Pregnancy, intended pregnancy or any reason relating to pregnancy
- Unfair discrimination
- Transfer of a business
- Protected disclosures
Abence without leave - ans- if employee does not want to terminate the employment contract, but stays
away from work without leave
- warrants dismissal if the period of absence is unreasonably long
- if the employee returns after a few days with a letter to show that she had a reason for the absence eg
hospitalized, a dismissal will not be appropriate
Agency shop agreements - ans- concluded by a majority union and an employer or an employers
organisation
- concluded by way of a collective agreement
- employer must deduct agreed agency fee from the employers identified in the agreement
Closed shop agreements - ans- concluded by a majority union and an employer or an employers
organisations
- concluded by way of a collective agreement
- 2/3 of employees who voted must vote in favour of agreement
- employer must deduct agreed subscription fee from the employees identified in the agreement
Collective bargaining = - ans- process entails negotiations between 2 or more parties namely a union on
the one hand an an employer / employees organisation on the other hand about t&cs of employment and
any other mater of mutual interest between the parties
- presumes a willingness by each party , not only to listen to and consider the representations of the other
party, but also to abandon its own fixed positions where possible in order to find common ground
, Constructive dismissal - ans- where an employee resigns because the employer made continued
employment intolerable for the employee
- it was not done voluntarily
- employers conduct made it impossible for the employee to continue working for the employer
- 3 elements must be present - employee must show that he resigned. 2, employee must show that the
reason for the resignation was that continued employment became intolerable. 3. employee must show
that it was the employers conduct that created the intolerable circumstances
Definition of a strike? - ansA strike is the partial or complete concerted refusal to work, or the retardation
or obstruction of work, by people who are or have been employed by the same employer or by different
employers, for the purposes of remedying a grievance or resolving a dispute on respect of any matter of
mutual interest between employer and employee and every reference to work in this definition includes
overtime work, whether it is voluntary or compulsory
Definition of protest action - ansthe partial or complete concerted refusal to work, or the retardation or
obstruction of work, for the purpose of promoting or defending the socio-economic interests of workers,
but not for a purpose referred to in the definition of strike
Describe constructive dismissal - ans- where an employee resigns because the employer made
continued employment intolerable for the employee
- it was not done voluntarily
- the employer's conduct made it impossible for the employee to continue working for the employer
3 elements must be present
1. employee must show that he resigned
2. employee must show that the reason for the resignation was that continued employment became
intolerable
3. employee must show that it was the employer's conduct that created the intolerable circumstances
Describe consultation as one of the functions of a workplace forum - ans- consultation entails that the
employer allows the forum to make representations & to advance alternative proposals and considers and
responds to these and if the employer disagrees with them, it must state the reasons for disagreeing
- must take place before the employer implements any proposal
- purpose of consultation is to attempt to reach consensus
Desertion - ans- if the employee without resigning stays away from work with the intention of terminating
the contract of employment
- employer must terminate the contract of employment by holding a disciplinary hearing in the absence of
the employee
- even if the employee returns after dismissal, the employer must give her the opportunity to state a case
Determing whether a person is 'suitably qulifed' depends on his - ans- formal qualifications
- prior learning
- relevant experience
- capacity to acquire, within a reasonable time, the ability to do the job
Direct discrimination = - ansOccurs if someone is clearly treated differently because of a certain
characteristic for example race or gender. Eg, an employee being paid less simply because he is
disabled, of a different religion than the employer or divorced
Direct discrimnation - ans- occurs if someone is clearly treated differently because of a certain
characteristic eg race or gender
- eg an employee being paid less simply because he is disabled
Discuss refusal to work as an important component of the definition of a strike - ans- the refusal maybe
partial (employees perform only some of their duties
2. enhance efficiency in the workplace
4 circumstances under which employees of the labour broker may hold both the labour broker and the
client jointly and severally liable ito LRA - ansIf TES contravenes:
- a collective agreement concluded in a bargaining council that regulates t&c of employment
- a binding arbitration award that regulates t&c of employment
- the BCEA
- a determination made ito the BCEA
4 conducts by the employer which may qualify as actions in bad faith for purposes of promotion - ans-
where the employer exercised its discretion inconsistently
- where the reasons provided cannot be substantiated
- where the decision was taken on a wrong principle
- where the decision was taken in a biased manner
4 requirements for the registration of trade unions - ans- must adopt a name or abbreviation which is not
so close to that of any other union so as to cause confusion
- it must adopt a constitution that complies with certain requirements
- it must have an address in SA
- it must be independent from any interference or influence by the employer
9 types of dismissals which qualify as automatically unfair dismissals ito the LRA - ans- employer acts
contrary to section 5
- participation in or supporting a protected strike or protest action
- Refusal to do the work of employees who are on protected strike
- Compelling an employee to accept a demand made by the employer
- Exercising rights against the employer
- Pregnancy, intended pregnancy or any reason relating to pregnancy
- Unfair discrimination
- Transfer of a business
- Protected disclosures
Abence without leave - ans- if employee does not want to terminate the employment contract, but stays
away from work without leave
- warrants dismissal if the period of absence is unreasonably long
- if the employee returns after a few days with a letter to show that she had a reason for the absence eg
hospitalized, a dismissal will not be appropriate
Agency shop agreements - ans- concluded by a majority union and an employer or an employers
organisation
- concluded by way of a collective agreement
- employer must deduct agreed agency fee from the employers identified in the agreement
Closed shop agreements - ans- concluded by a majority union and an employer or an employers
organisations
- concluded by way of a collective agreement
- 2/3 of employees who voted must vote in favour of agreement
- employer must deduct agreed subscription fee from the employees identified in the agreement
Collective bargaining = - ans- process entails negotiations between 2 or more parties namely a union on
the one hand an an employer / employees organisation on the other hand about t&cs of employment and
any other mater of mutual interest between the parties
- presumes a willingness by each party , not only to listen to and consider the representations of the other
party, but also to abandon its own fixed positions where possible in order to find common ground
, Constructive dismissal - ans- where an employee resigns because the employer made continued
employment intolerable for the employee
- it was not done voluntarily
- employers conduct made it impossible for the employee to continue working for the employer
- 3 elements must be present - employee must show that he resigned. 2, employee must show that the
reason for the resignation was that continued employment became intolerable. 3. employee must show
that it was the employers conduct that created the intolerable circumstances
Definition of a strike? - ansA strike is the partial or complete concerted refusal to work, or the retardation
or obstruction of work, by people who are or have been employed by the same employer or by different
employers, for the purposes of remedying a grievance or resolving a dispute on respect of any matter of
mutual interest between employer and employee and every reference to work in this definition includes
overtime work, whether it is voluntary or compulsory
Definition of protest action - ansthe partial or complete concerted refusal to work, or the retardation or
obstruction of work, for the purpose of promoting or defending the socio-economic interests of workers,
but not for a purpose referred to in the definition of strike
Describe constructive dismissal - ans- where an employee resigns because the employer made
continued employment intolerable for the employee
- it was not done voluntarily
- the employer's conduct made it impossible for the employee to continue working for the employer
3 elements must be present
1. employee must show that he resigned
2. employee must show that the reason for the resignation was that continued employment became
intolerable
3. employee must show that it was the employer's conduct that created the intolerable circumstances
Describe consultation as one of the functions of a workplace forum - ans- consultation entails that the
employer allows the forum to make representations & to advance alternative proposals and considers and
responds to these and if the employer disagrees with them, it must state the reasons for disagreeing
- must take place before the employer implements any proposal
- purpose of consultation is to attempt to reach consensus
Desertion - ans- if the employee without resigning stays away from work with the intention of terminating
the contract of employment
- employer must terminate the contract of employment by holding a disciplinary hearing in the absence of
the employee
- even if the employee returns after dismissal, the employer must give her the opportunity to state a case
Determing whether a person is 'suitably qulifed' depends on his - ans- formal qualifications
- prior learning
- relevant experience
- capacity to acquire, within a reasonable time, the ability to do the job
Direct discrimination = - ansOccurs if someone is clearly treated differently because of a certain
characteristic for example race or gender. Eg, an employee being paid less simply because he is
disabled, of a different religion than the employer or divorced
Direct discrimnation - ans- occurs if someone is clearly treated differently because of a certain
characteristic eg race or gender
- eg an employee being paid less simply because he is disabled
Discuss refusal to work as an important component of the definition of a strike - ans- the refusal maybe
partial (employees perform only some of their duties
