mrl3702-exam-pack

Contents Welcome ..................................................................................................................................................................... 3 October/November 2017 Exam Paper ................................................................................................................... 4 May/June 2017 Exam Paper ..................................................................................................................................... 9 October/November 2016 Exam Paper ................................................................................................................. 14 May/June 2016 Exam Paper ................................................................................................................................... 22 Thank You................................................................................................................................................................. 28 Downloaded by Wayne Scholtz () lOMoARcPSD| Pg. 3 © 2018 Together We Pass. All rights reserved. Welcome Hello and welcome to your MRL3702 exam pack, which is a compilation of questions from past examination papers as well as solutions to the questions. I do hope that the content inside this pack will help you in achieving top marks for your upcoming exam. Together We Pass EMAIL WEB FB TWITTER @togetherwepass GOOGLE+ Together We Pass on Google Plus Downloaded by Wayne Scholtz () lOMoARcPSD| Pg. 4 © 2018 Together We Pass. All rights reserved. October/November 2017 Exam Paper (a) Acquisition of organisational rights 1. THROUGH COLLECTIVE AGREEMENT This can be the case even for trade unions that are not representative 2. MEMBERSHIP OF A BARGAINING COUNCIL A registered trade union that is a party to a bargaining council automatically has the right of access to the premises and to deduct fees in respect of all those workplaces falling under the bargaining council. A union acquires these rights irrespective of being representative or not. 3. STRIKE ACTION A union may strike to achieve these rights even if they don’t meet the minimum requirements 4. SECTION 21 PROCEDURE This requires that the union notifies the employer in writing that it seeks to exercise its organisational rights. Within 30 days they must meet to conclude a collective agreement. If they do not conclude then either party can refer the dispute to the CCMA for conciliation. If no conciliation reached, then the parties can process to arbitration or alternatively strike / lock-out after serving appropriate notice. (b) Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment. There are three common law requirements to determine the vicarious liability of an employer in standard matters, namely: 1. An employer-employee relationship must be established; 2. A wrongful act must have been committed by an employee; and 3. The employee must have committed the wrongful act whilst acting within the course and scope of his/her employment.