LLW2602 May/Jun 2022 exam paper — questions

Every question, by topic

1. Question (a) · Freedom of association and trade union security · 15 marks

   Discuss how the right to freedom of association is protected under the Constitution and relevant legislation, and explain whether senior managers in the workplace are entitled to this right.Show the full questionShow less

2. Question (b) · Freedom of association and trade union security · 5 marks

   Discuss whether an employer is permitted to dismiss employees as a consequence of the conclusion of a closed-shop agreement.Show the full questionShow less

3. Question 2(i) · Organisational rights of trade unions · 5 marks

   Unite Against Exploitation ("UAE") is a trade union that represents employees in the retail sector. UAE wants to acquire organisational rights at United Fashion Boutique ("UFB"), a clothing retailer located in Gauteng Province, by making use of the procedure set out in section 21 of the Labour Relations Act. UAE gives UFB written notice that it intends to obtain organisational rights. Explain what information must be contained in the notice UAE sends to UFB, and identify a document that must accompany this notice.Show the full questionShow less

4. Question 2(ii) · Organisational rights of trade unions · 1 mark

   Unite Against Exploitation ("UAE") is a trade union that represents employees in the retail sector. UAE wants to acquire organisational rights at United Fashion Boutique ("UFB"), a clothing retailer located in Gauteng Province, by making use of the procedure set out in section 21 of the Labour Relations Act. UAE gives UFB written notice that it intends to obtain organisational rights. State how many days after the notice has been issued UAE and UFB must meet.Show the full questionShow less

5. Question 2(iii) · Organisational rights of trade unions · 6 marks

   Unite Against Exploitation ("UAE") is a trade union that represents employees in the retail sector. UAE wants to acquire organisational rights at United Fashion Boutique ("UFB"), a clothing retailer located in Gauteng Province, by making use of the procedure set out in section 21 of the Labour Relations Act. UAE gives UFB written notice that it intends to obtain organisational rights. Suppose that, following the meeting, UAE and UFB are unable to conclude a collective agreement, and UAE refers the dispute to the CCMA. Explain what the CCMA commissioner must do in order to determine whether UAE is sufficiently representative.Show the full questionShow less