WITH LATEST VERIFIED QUESTIONS AND
100% CORRECT ANSWERS ALREADY
GRADED A+
Four circumstances under which employees of the labour broker may hold both the labour broker and
the client jointly and severally liable ito the LRA - ANS-If the TES contravenes
- a collective agreement concluded in a bargaining council that regulates terms and conditions of
employment
- a binding arbitration award that regulates terms and conditions of employment
- the BCEA
- a determination made in terms of the BCEA
When can an employee take family responsibility ito the BCEA - ANS-An employee is entitled to 3 days
family responsibility leave for every 12 months worked (s17). *Only for employees who have worked for
longer than 4 months and who work at least 4 days a week
What are the circumstances under which the remedy of reinstatement may not be ordered in case of an
unfair dismissal - ANS-- employee does not wish to be reinstated or re employed
- the circumstances surrounding the dismissal are such that a continued employment relationship would
be intolerable
- it is not reasonably practicable for the employer to reinstate or reemploy the employee
, - the dismissal is unfair only because the employer did not follow a fair procedure
What does the right to freedom of association entail for trade unions? - ANS-Every trade union has the
right to
- determine its constitution and rules
- hold elections for office bearers
- plan and organise its administration and lawful activities
- join federations
- affiliate with and participate in the affairs of international organisations
What are the 3 NB elements that distinguish a collective agreement from any other agreement between
employees and employers - ANS-- a collective agreement must be in writing
- only a registered union can be a party to a collective agreement
- a collective agreement must regulate terms and conditions of employment or any other matter of
mutual interest between a trade union and the employer or employers organisations
Definition of a strike? - ANS-A strike is the partial or complete concerted refusal to work, or the
retardation or obstruction of work, by people who are or have been employed by the same employer or
by different employers, for the purposes of remedying a grievance or resolving a dispute on respect of
any matter of mutual interest between employer and employee and every reference to work in this
definition includes overtime work, whether it is voluntary or compulsory
Definition of protest action - ANS-the partial or complete concerted refusal to work, or the retardation
or obstruction of work, for the purpose of promoting or defending the socio-economic interests of
workers, but not for a purpose referred to in the definition of strike
Under which circumstances may the remedy of reinstatement not be awarded to an employee who was
unfairly dismissed - ANS-- the employee does not wish to be reinstate or re-employed
- the circumstances surrounding the dismissal are such that a continued employment relationship would
be intolerable
- it is not reasonably practicable for he employer to reinstate or re employ the employee
- the dismissal is unfair only because the employer did not follow a fair procedure