MRL3702 – Labour Law (University of South
Africa) – October/November 2017 Examination
The four methods by which trade unions can acquire organisational rights - correct
answer -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 answer -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 answer -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 answer -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 answer -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 answer -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.
What are the effects of the insolvency of the employer on employment contracts -
correct answer -Upon sequestration of the employer, the contract of employment is
suspended for a period of 45 days. During this period the employee does not have to
render services to the employer and the employee will not receive any payment or
benefits during this period. The employee may, however, claim compensation from the
Unemployment Insurance Fund. The Insolvency Act distinguishes between a trustee
and a liquidator: where an insolvent employer is an individual, a trustee is appointed
and where the insolvent employer is a company, a liquidator is appointed. The trustee
or liquidator takes over the affairs of the employer to finalise all matters in relation to
the insolvent business. The trustee or liquidator can decide whether the contracts of
employment should continue after the 45 days. Unless there was an agreement of
continued employment, all the suspended contracts will automatically terminate after
the date of insolvency.The employee is entitled to severance pay in terms of section 41
of the BCEA.
Name two main functions of a workplace forum - correct answer -• to promote the
interests of all employees in the workplace (again, not just union members),
• to enhance efficiency in the workplace,
Africa) – October/November 2017 Examination
The four methods by which trade unions can acquire organisational rights - correct
answer -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 answer -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 answer -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 answer -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 answer -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 answer -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.
What are the effects of the insolvency of the employer on employment contracts -
correct answer -Upon sequestration of the employer, the contract of employment is
suspended for a period of 45 days. During this period the employee does not have to
render services to the employer and the employee will not receive any payment or
benefits during this period. The employee may, however, claim compensation from the
Unemployment Insurance Fund. The Insolvency Act distinguishes between a trustee
and a liquidator: where an insolvent employer is an individual, a trustee is appointed
and where the insolvent employer is a company, a liquidator is appointed. The trustee
or liquidator takes over the affairs of the employer to finalise all matters in relation to
the insolvent business. The trustee or liquidator can decide whether the contracts of
employment should continue after the 45 days. Unless there was an agreement of
continued employment, all the suspended contracts will automatically terminate after
the date of insolvency.The employee is entitled to severance pay in terms of section 41
of the BCEA.
Name two main functions of a workplace forum - correct answer -• to promote the
interests of all employees in the workplace (again, not just union members),
• to enhance efficiency in the workplace,
