LLW2602 Oct/Nov 2023 exam paper — questions

Every question, by topic

1. Question 1(a)(i) · Freedom of association and trade union security · 10 marks

   Effective Solar (Pty) Ltd ('ES') manufactures solar systems and employs 200 workers. Two trade unions have members at ES: the Solar Workers Union ('SWU'), representing 120 employees, and the Solar Employees Association ('SEA'), representing 80 employees. In July 2023 SWU concluded an agreement with ES providing that all of ES's employees should become members of SWU. Discuss the nature of the agreement concluded between Effective Solar (Pty) Ltd (ES) and the Solar Workers Union (SWU), and consider whether this agreement infringes the right to freedom of association of ES's employees.Show the full questionShow less

2. Question 1(a)(ii) · Freedom of association and trade union security · 5 marks

   Effective Solar (Pty) Ltd ('ES') manufactures solar systems and employs 200 workers. Two trade unions have members at ES: the Solar Workers Union ('SWU'), representing 120 employees, and the Solar Employees Association ('SEA'), representing 80 employees. In July 2023 SWU concluded an agreement with ES providing that all of ES's employees should become members of SWU. Identify the circumstances in which Effective Solar (Pty) Ltd (ES) may, or may not, dismiss employees while the agreement between ES and the Solar Workers Union (SWU) remains in existence.Show the full questionShow less

3. Question 1(b) · Freedom of association and trade union security · 5 marks

   Effective Solar (Pty) Ltd ('ES') manufactures solar systems and employs 200 workers. Two trade unions have members at ES: the Solar Workers Union ('SWU'), representing 120 employees, and the Solar Employees Association ('SEA'), representing 80 employees. In July 2023 SWU concluded an agreement with ES providing that all of ES's employees should become members of SWU. Explain the difference between 'centralised bargaining' and 'decentralised bargaining'.Show the full questionShow less

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

   A group of employees employed by Nice Spices ('NS') approaches their employer because they are unhappy about their overtime pay. NS refuses to engage with them directly, stating that a trade union should represent their interests through a process called 'collective bargaining'. As a result, the employees decide to register a trade union with the Department of Employment and Labour ('DoEL') called Spice Workers Association ('SWA'). Explain the concept of 'collective bargaining' to the employees of Nice Spices (NS), and discuss whether NS will have a duty to negotiate with their newly registered union, Spice Workers Association (SWA).Show the full questionShow less

5. Question 2(ii) · Collective bargaining and collective agreements · 10 marks

   A group of employees employed by Nice Spices ('NS') approaches their employer because they are unhappy about their overtime pay. NS refuses to engage with them directly, stating that a trade union should represent their interests through a process called 'collective bargaining'. As a result, the employees decide to register a trade union with the Department of Employment and Labour ('DoEL') called Spice Workers Association ('SWA'). Assuming that Nice Spices (NS) and Spice Workers Association (SWA) engage in negotiations which result in the conclusion of a collective agreement, discuss the binding effect of this agreement.Show the full questionShow less