⋆ [CAP] ⋆
]]
LLW2602: Collective Labour Law
May/June 2022 (2023 Pack) & May/June 2025 — Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[B] Labour Law — Law Faculty [B]
Exam Revision Guide
LLW2602
Module Code:
Collective Labour Law
Module Name:
May/June 2022 (2023 Pack) & May/June
Papers Covered:
2025
80 marks each paper
Total Marks:
4 Questions — Answer ALL
Format:
Study the LRA, the Constitution and your prescribed textbook.
Understand principles — do not just memorise.
[CAP] Exam Revision Notes | LLW2602 | 2025
,LLW2602 | Exam Revision Collective Labour Law
PAPER 1
University Examinations — May/June 2022
LLW2602 Collective Labour Law · 80 Marks · 4 Hours
First Examiner: Mr MK Mathiba Second Examiner: Prof ME Manamela
[!] Key Concept
Instructions: Answer ALL four questions. Each question carries 20 marks. Total = 80
marks. This is a take-home exam; apply legal principles from memory. The prescribed
text is McGregor & Dekker Labour Law (4th ed).
Page 2 of 35 [CAP]
,LLW2602 | Exam Revision Collective Labour Law
Question 1 [20 marks]
(a) [15 marks]
Question: Discuss the protection of the right to freedom of association in terms of the
Constitution and legislation. Also explain whether this right is available to senior man-
agers in the workplace.
Answer: Definition and Constitutional Foundation
Freedom of association is the right of every person to join or form an organisation
of their choice and to participate in its lawful activities. It is a cornerstone of collective
labour law.
[!] Key Concept
Constitutional protection: Section 18 of the Constitution, 1996 grants ev-
ery person the right to freedom of association. Section 23(2)(a) goes further —
it specifically protects the right of every worker to form and join a trade union,
while section 23(4) protects the right of every employer to form and join an em-
ployers’ organisation.
International protection
South Africa’s obligations under the ILO are directly relevant:
• ILO Convention 87 of 1948 (Freedom of Association and Protection of the Right
to Organise): protects workers’ and employers’ rights to establish and join organisa-
tions without prior authorisation.
• ILO Convention 98 of 1949 (Right to Organise and Collective Bargaining): pro-
tects workers against anti-union discrimination.
Legislative protection under the LRA
The Labour Relations Act 66 of 1995 (LRA) gives practical expression to the
constitutional right:
• Section 4 grants every employee the right to participate in the formation of, and
join, a trade union.
• Section 5 prohibits any person from discriminating against an employee for exercis-
ing this right. An employer may not threaten, disadvantage, or prevent an employee
Page 3 of 35 [CAP]
, LLW2602 | Exam Revision Collective Labour Law
from exercising freedom of association.
• Section 6 grants every employer the equivalent right to form or join employers’ or-
ganisations.
• Section 7 prohibits discrimination against an employer for exercising that right.
Trade union security arrangements — a limitation
The Constitution and the LRA allow for two security arrangements that lawfully limit
freedom of association:
• Closed shop agreement (s 26 LRA): Requires all employees covered by the
agreement to be members of the trade union party to it. An employee who is not a
member, or who resigns, may be dismissed.
• Agency shop agreement (s 25 LRA): The employer must deduct an agreed
agency fee from the wages of non-union employees. They are not forced to join, but
must financially contribute.
These limitations are justified under section 36 of the Constitution (the limitations
clause) because they promote collective bargaining and labour stability.
Senior managers — is the right available to them?
Yes, but with nuance. Section 4 of the LRA applies to every employee, including man-
agers. The Constitution does not distinguish between managers and other workers. So a
senior manager cannot be legally forced to resign from a union.
[!!] Watch Out
The LRA does, however, limit certain organisational rights when it comes to
senior managers. Employers may negotiate with trade unions to exclude senior
managers from the scope of a closed shop agreement. Some organisations also
have policies preventing managers from holding shop steward positions — though
membership itself cannot be restricted. The key distinction: membership cannot
be denied; certain representational roles may be limited by agreement.
[*] Exam Tip
For 15 marks you need: (1) constitutional basis (ss 18 & 23), (2) ILO conven-
tions, (3) LRA sections 4, 5, 6, 7, (4) trade union security arrangements, and (5)
position of senior managers. Cover all five areas for full marks.
Page 4 of 35 [CAP]
]]
LLW2602: Collective Labour Law
May/June 2022 (2023 Pack) & May/June 2025 — Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[B] Labour Law — Law Faculty [B]
Exam Revision Guide
LLW2602
Module Code:
Collective Labour Law
Module Name:
May/June 2022 (2023 Pack) & May/June
Papers Covered:
2025
80 marks each paper
Total Marks:
4 Questions — Answer ALL
Format:
Study the LRA, the Constitution and your prescribed textbook.
Understand principles — do not just memorise.
[CAP] Exam Revision Notes | LLW2602 | 2025
,LLW2602 | Exam Revision Collective Labour Law
PAPER 1
University Examinations — May/June 2022
LLW2602 Collective Labour Law · 80 Marks · 4 Hours
First Examiner: Mr MK Mathiba Second Examiner: Prof ME Manamela
[!] Key Concept
Instructions: Answer ALL four questions. Each question carries 20 marks. Total = 80
marks. This is a take-home exam; apply legal principles from memory. The prescribed
text is McGregor & Dekker Labour Law (4th ed).
Page 2 of 35 [CAP]
,LLW2602 | Exam Revision Collective Labour Law
Question 1 [20 marks]
(a) [15 marks]
Question: Discuss the protection of the right to freedom of association in terms of the
Constitution and legislation. Also explain whether this right is available to senior man-
agers in the workplace.
Answer: Definition and Constitutional Foundation
Freedom of association is the right of every person to join or form an organisation
of their choice and to participate in its lawful activities. It is a cornerstone of collective
labour law.
[!] Key Concept
Constitutional protection: Section 18 of the Constitution, 1996 grants ev-
ery person the right to freedom of association. Section 23(2)(a) goes further —
it specifically protects the right of every worker to form and join a trade union,
while section 23(4) protects the right of every employer to form and join an em-
ployers’ organisation.
International protection
South Africa’s obligations under the ILO are directly relevant:
• ILO Convention 87 of 1948 (Freedom of Association and Protection of the Right
to Organise): protects workers’ and employers’ rights to establish and join organisa-
tions without prior authorisation.
• ILO Convention 98 of 1949 (Right to Organise and Collective Bargaining): pro-
tects workers against anti-union discrimination.
Legislative protection under the LRA
The Labour Relations Act 66 of 1995 (LRA) gives practical expression to the
constitutional right:
• Section 4 grants every employee the right to participate in the formation of, and
join, a trade union.
• Section 5 prohibits any person from discriminating against an employee for exercis-
ing this right. An employer may not threaten, disadvantage, or prevent an employee
Page 3 of 35 [CAP]
, LLW2602 | Exam Revision Collective Labour Law
from exercising freedom of association.
• Section 6 grants every employer the equivalent right to form or join employers’ or-
ganisations.
• Section 7 prohibits discrimination against an employer for exercising that right.
Trade union security arrangements — a limitation
The Constitution and the LRA allow for two security arrangements that lawfully limit
freedom of association:
• Closed shop agreement (s 26 LRA): Requires all employees covered by the
agreement to be members of the trade union party to it. An employee who is not a
member, or who resigns, may be dismissed.
• Agency shop agreement (s 25 LRA): The employer must deduct an agreed
agency fee from the wages of non-union employees. They are not forced to join, but
must financially contribute.
These limitations are justified under section 36 of the Constitution (the limitations
clause) because they promote collective bargaining and labour stability.
Senior managers — is the right available to them?
Yes, but with nuance. Section 4 of the LRA applies to every employee, including man-
agers. The Constitution does not distinguish between managers and other workers. So a
senior manager cannot be legally forced to resign from a union.
[!!] Watch Out
The LRA does, however, limit certain organisational rights when it comes to
senior managers. Employers may negotiate with trade unions to exclude senior
managers from the scope of a closed shop agreement. Some organisations also
have policies preventing managers from holding shop steward positions — though
membership itself cannot be restricted. The key distinction: membership cannot
be denied; certain representational roles may be limited by agreement.
[*] Exam Tip
For 15 marks you need: (1) constitutional basis (ss 18 & 23), (2) ILO conven-
tions, (3) LRA sections 4, 5, 6, 7, (4) trade union security arrangements, and (5)
position of senior managers. Cover all five areas for full marks.
Page 4 of 35 [CAP]
