LLW2602 May/Jun 2024 exam paper — questions

Every question, by topic

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

   At Renewable Energy (Pty) Ltd ('RE'), a group of employees decide to form a trade union to represent their interests during collective bargaining and when they have grievances or disputes with RE. On hearing of this, RE sends an email to all employees in the workplace stating that 'employees are not allowed to form trade unions within RE, because trade unions bring politics into the workplace'. Discuss how employees' right to freedom of association is protected in terms of international law, the Constitution and the LRA.Show the full questionShow less

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

   The Constitution provides for 'trade union security arrangements' contained in collective agreements, which are regulated under the LRA. State the main purpose of 'trade union security arrangements' and name the two types of 'trade union security arrangements' available under the LRA.Show the full questionShow less

3. Question 2(i) · Collective bargaining and collective agreements · 5 marks

   The LRA provides for structures called 'bargaining councils' through which collective bargaining can take place. One of the functions of a bargaining council is to conclude and enforce collective agreements on behalf of its members. Provide a definition of a 'collective agreement'.Show the full questionShow less

4. Question 2(ii) · Collective bargaining and collective agreements · 15 marks

   The LRA provides for structures called 'bargaining councils' through which collective bargaining can take place. One of the functions of a bargaining council is to conclude and enforce collective agreements on behalf of its members. Discuss the binding effect of collective agreements concluded by a bargaining council, and consider whether such agreements can be extended to trade unions and employers who are not part of the bargaining council that concluded the collective agreement.Show the full questionShow less

5. Question 3(i) · Organisational rights of trade unions · 10 marks

   United Workers Association ('UWA') is a registered trade union representing the majority of employees within PR Logistics ('PRL'). UWA decides to approach PRL to acquire the right to elect trade union representatives ('shop stewards') within the workplace and the right to disclosure of information. Describe the right of a trade union to elect shop stewards within a workplace, and outline the functions performed by shop stewards in the workplace.Show the full questionShow less