MRL3702 ASSIGNMENT 1 SEMESTER 1
questions and answers 2023/2024
The four methods by which trade unions can acquire organisational rights (correct answers) 1.
Through collective agreement - This means that, even if the trade union is not representative, it
could have organisational rights on which the parties agreed.
2. Through membership of a bargaining council - A registered trade union that is party to a
bargaining council, automatically acquires the two rights of access to the premises and to have
trade union subscriptions
deducted by stop order, in respect of all workplaces falling within the jurisdiction of the
bargaining council.
3. Through strike action - A union, including a minority union, may strike in support of a
demand for organisational rights even if it does not meet the statutory threshold for
acquiring such rights.
4. Through the section 21 procedure - This process entails that the registered trade union must
notify the employer
in writing that it seeks to exercise organisational rights.
The Doctrine of vicarious liability (correct answers) According to this doctrine, an employer is
liable for the unlawful or delictual acts of an employee performed during the course of business.
The operation of this doctrine is
regulated by the common law and not by labour legislation.
Employee's duty to render services to the employer (correct answers) The primary duty of an
employee is to place her/his labour potential at the disposal of the employer. This duty includes
the employee's duty to enter and remain in the employer's service.
The principle of "fair dismissal" (correct answers) The LRA clearly stipulates what a fair reason
and a fair corresponding process (specifically designed for every specific reason) is in order for a
dismissal to be fair. The fair reason for a dismissal refers to 'substantive fairness'
and the correct process refers to 'procedural fairness'.
Concept of selective re-employment (correct answers) Where an employer dismisses a number of
employees for the same or similar reasons, and subsequently offers to re-employ one or more of
them, but refuses to re-employ another, this will constitute a 'dismissal'.
Describe constructive dismissal (correct answers) here an employee resigns because the
employer made continued employment intolerable for the employee, it will constitute a
'dismissal', better known as a 'constructive' dismissal. Although the employee (and not the
employer) terminates the contract, it was not done voluntarily. The employer's conduct made it
impossible for the employee to continue working for the employer.
questions and answers 2023/2024
The four methods by which trade unions can acquire organisational rights (correct answers) 1.
Through collective agreement - This means that, even if the trade union is not representative, it
could have organisational rights on which the parties agreed.
2. Through membership of a bargaining council - A registered trade union that is party to a
bargaining council, automatically acquires the two rights of access to the premises and to have
trade union subscriptions
deducted by stop order, in respect of all workplaces falling within the jurisdiction of the
bargaining council.
3. Through strike action - A union, including a minority union, may strike in support of a
demand for organisational rights even if it does not meet the statutory threshold for
acquiring such rights.
4. Through the section 21 procedure - This process entails that the registered trade union must
notify the employer
in writing that it seeks to exercise organisational rights.
The Doctrine of vicarious liability (correct answers) According to this doctrine, an employer is
liable for the unlawful or delictual acts of an employee performed during the course of business.
The operation of this doctrine is
regulated by the common law and not by labour legislation.
Employee's duty to render services to the employer (correct answers) The primary duty of an
employee is to place her/his labour potential at the disposal of the employer. This duty includes
the employee's duty to enter and remain in the employer's service.
The principle of "fair dismissal" (correct answers) The LRA clearly stipulates what a fair reason
and a fair corresponding process (specifically designed for every specific reason) is in order for a
dismissal to be fair. The fair reason for a dismissal refers to 'substantive fairness'
and the correct process refers to 'procedural fairness'.
Concept of selective re-employment (correct answers) Where an employer dismisses a number of
employees for the same or similar reasons, and subsequently offers to re-employ one or more of
them, but refuses to re-employ another, this will constitute a 'dismissal'.
Describe constructive dismissal (correct answers) here an employee resigns because the
employer made continued employment intolerable for the employee, it will constitute a
'dismissal', better known as a 'constructive' dismissal. Although the employee (and not the
employer) terminates the contract, it was not done voluntarily. The employer's conduct made it
impossible for the employee to continue working for the employer.
