LLW2602 May/Jun 2023 exam paper — questions

Every question, by topic

1. Question 1(a) · Collective bargaining and collective agreements · 10 marks

   Fresh Farm Retailers (FFR) is a supermarket selling farm products to the public across the whole of Gauteng Province, and it employs 500 employees throughout the province. Farmers Workers Against Regression (FWAR) is a union representing many of FFR's employees, with about 260 of FFR's employees belonging to this union. The union (referred to in the agreement as FAR) has concluded an agreement with FFR obliging all employees who are not members of the union to pay a fee of R200 per month to it, in return for which the union will also represent these non-member employees. Discuss the nature of the agreement concluded between Fresh Farm Retailers (FFR) and Farmers Workers Against Regression (FWAR/FAR), in terms of which non-member employees are required to pay a monthly fee of R200 to the union in exchange for representation.Show the full questionShow less

2. Question 1(b) · Collective bargaining and collective agreements · 10 marks

   Fresh Farm Retailers (FFR) is a supermarket selling farm products to the public across the whole of Gauteng Province, and it employs 500 employees throughout the province. Farmers Workers Against Regression (FWAR) is a union representing many of FFR's employees, with about 260 of FFR's employees belonging to this union. The union (referred to in the agreement as FAR) has concluded an agreement with FFR obliging all employees who are not members of the union to pay a fee of R200 per month to it, in return for which the union will also represent these non-member employees. Farmers Workers Against Regression (FWAR) later reaches agreement with all the unions operating in the farming sector to establish a bargaining council aimed at ensuring the smooth resolution of disputes within the sector. Discuss the process that must be followed to register this bargaining council, and mention the documents required as part of this registration process.Show the full questionShow less

3. Question 2(a) · Collective bargaining and collective agreements · 10 marks

   Consider whether a trade union is entitled to require employees to disclose their medical history for the purpose of representing them in a collective bargaining process, and in your answer also explain the procedure that would be followed to resolve a dispute arising from such a required disclosure.Show the full questionShow less

4. Question 2(b) · Collective bargaining and collective agreements · 10 marks

   Good Vibes (Pty) Ltd manufactures musical instruments and sound systems in the Free State province, operating branches in Welkom, Parys and Bethlehem. United in Melody is a trade union wishing to represent workers employed at Good Vibes (Pty) Ltd, and a dispute has arisen, for purposes of acquiring the right of access to the workplace, as to whether each of Good Vibes' branches should be regarded as a workplace independent of the other branches. With reference to the Labour Relations Act and relevant case law, explain what is meant by 'workplace' for purposes of acquiring the right to access the workplace.Show the full questionShow less

5. Question 3.1 · Workplace forums · 6 marks

   Explain the distinction between a trade union and a workplace forum.Show the full questionShow less