LLW2602 – EXAM ANSWERS
Nabeela Khan
STUDENT NO: 57831521
Page | 1
This study source was downloaded by 100000840304359 from CourseHero.com on 02-09-2022 05:31:09 GMT -06:00
https://www.coursehero.com/file/79839602/LLW2602docx/
, Question 1
a) An “issue in dispute” refers to a grievance experienced by either the
employer, employee or both parties. An issue in dispute must be clearly
determined and is then regulated by constitution of a bargaining council,
which lays down procedure to be followed to resolve matter. If procedure
has been followed and matter is still in deadlock, they can strike. However,
it is required that a clear and concise understanding of what the issue in
dispute is and both parties must have the intent to resolve the dispute. If the
union that represents the employees agrees to the employer’s course of
action and the employer follows the required procedure, any future strike
action will thereafter be unprotected. The disputes/purpose of the strike
must have surfeit proof and must be clearly communicated if these issues
are not well established employers can then question the validity and strike
and can then have it deemed unlawful.
b) This is a post-entry closed shop agreement. A post-entry closed shop
agreement is a collective agreement whereby Trade Union X, and Employer
A, agree that it is a condition of employment that all employees must
become members of Trade Union X after commencing employment.
Break-down of a closed shop agreement:
Concluded by majority union & employers’ organisation/employer.
Concluded by way of collective agreement
Employees must have ballot before agreement is concluded
2/3 employees who will be covered must vote in favour
Employees who do not wish to join may not be dismissed
Employers must deduct fee from employee’s part of agreement
Close shop agreement may be terminated if majority vote for this. Only
post-entry closed shop agreements are recognised by LRA and not post-
entry closed shop agreements.
c) Types of conduct that may constitute a ‘refusal to bargain’.
Refusal to recognise a trade union as a collective bargaining agent.
Refusal to agree to establish a bargaining council.
Withdrawal of recognition of a collective bargaining agent.
The resignation of a party from a bargaining council.
Page | 1
This study source was downloaded by 100000840304359 from CourseHero.com on 02-09-2022 05:31:09 GMT -06:00
https://www.coursehero.com/file/79839602/LLW2602docx/
Nabeela Khan
STUDENT NO: 57831521
Page | 1
This study source was downloaded by 100000840304359 from CourseHero.com on 02-09-2022 05:31:09 GMT -06:00
https://www.coursehero.com/file/79839602/LLW2602docx/
, Question 1
a) An “issue in dispute” refers to a grievance experienced by either the
employer, employee or both parties. An issue in dispute must be clearly
determined and is then regulated by constitution of a bargaining council,
which lays down procedure to be followed to resolve matter. If procedure
has been followed and matter is still in deadlock, they can strike. However,
it is required that a clear and concise understanding of what the issue in
dispute is and both parties must have the intent to resolve the dispute. If the
union that represents the employees agrees to the employer’s course of
action and the employer follows the required procedure, any future strike
action will thereafter be unprotected. The disputes/purpose of the strike
must have surfeit proof and must be clearly communicated if these issues
are not well established employers can then question the validity and strike
and can then have it deemed unlawful.
b) This is a post-entry closed shop agreement. A post-entry closed shop
agreement is a collective agreement whereby Trade Union X, and Employer
A, agree that it is a condition of employment that all employees must
become members of Trade Union X after commencing employment.
Break-down of a closed shop agreement:
Concluded by majority union & employers’ organisation/employer.
Concluded by way of collective agreement
Employees must have ballot before agreement is concluded
2/3 employees who will be covered must vote in favour
Employees who do not wish to join may not be dismissed
Employers must deduct fee from employee’s part of agreement
Close shop agreement may be terminated if majority vote for this. Only
post-entry closed shop agreements are recognised by LRA and not post-
entry closed shop agreements.
c) Types of conduct that may constitute a ‘refusal to bargain’.
Refusal to recognise a trade union as a collective bargaining agent.
Refusal to agree to establish a bargaining council.
Withdrawal of recognition of a collective bargaining agent.
The resignation of a party from a bargaining council.
Page | 1
This study source was downloaded by 100000840304359 from CourseHero.com on 02-09-2022 05:31:09 GMT -06:00
https://www.coursehero.com/file/79839602/LLW2602docx/
