HIGHER EDUCATION PROGRAMMES
Academic Year 2023:
January –June
Summative Assessment 1:
Employee Relations & Labour Law 2
(HERL230-1)
NQF Level, Credits:
6, 12
Weighting:
50%
Assessment Type:
Examination
Stationery:
Black / Blue Pen
Pass Requirement:
50%
Educator:
Justin Jaftha
Examiner:
Gilbert Dheka
Due Date:
02 June 2023
Total:
70 Marks
Time:
2 Hours
Instructions:
1. This memorandum script consists of 19 pages including the cover sheet. Ensure that
you have all the pages.
2. This examination consists of two sections: Section A (Multiple-Choice Questions) and
Section B (Essay-Type Questions).
3. No answers in pencil will be marked.
4. Good Luck!
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The following learning outcomes are assessed in this assessment:
•
Unfair dismissal legislation and disciplinary procedures
o The meaning of dismissal
•
Unfair dismissal legislation and disciplinary procedures
o The theory of positive discipline
•
Secondary or sympathy strikes
•
The right to strike
o Constitutional right to strike in South Africa
o Procedural requirements
o Unprotected strikes (wildcat strikes)
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Section A
(25 marks)
Question 1
(1 mark)
The Wakanda Republic is an authoritarian state that exercises so much control and
imposes laws without the approval of the people it governs. They support policies that
benefit unitarist employers, and their market economy actively encourages capital
investment, economic growth, and competitiveness by looking out for the interests of
employers.
Which one of the following unitarist supporter strategies aligns with their approach?
A. Implementing a strategy which provide a framework of rules to promote the collective
bargaining process.
B. Implementing a strategy where there is minimum labour legislation, including no
minimum wage legislation or support for low minimum wages.
C. Implementing a strategy where trade unions are regarded as necessary to channel
conflict and represent employees’ interests at workplace level.
D. Implementing a strategy where the relationship between the state, employers, and
labour is formalized in tripartite structures, and each party is acknowledged to have a
strong degree of independence.
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Question 2
(1 mark)
Ryan is a new employee at the National Economic Development and Labour Council
(NEDLAC), and he has been informed that the NEDLAC chamber where he will be
working to develop, reach consensus and agreement on all issues related to the
framework with which financial, fiscal, monetary, and exchange rate policies are
formulated and improve the coordination of fiscal and monetary policy, among other
things.
Which of the following National Economic Development Labour Council (NEDLAC)
chambers will Ryan be working at?
A. Public finance and monetary policy chamber.
B. Development chamber.
C. Trade and industry chamber.
D. Labour market chamber.
Question 3
(1 mark)
Recently, Transnet hired Reneilwe to manage their employee assistance program.
Reneilwe wants to know which part of the public sector does Transnet fit under in terms
of employment.
A. State-owned enterprises.
B. Local government.
C. Corporations
D. Provincial government.
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Question 4
(1 mark)
Mr. Erasmus is an employee and a delivery driver of Takealot, a South African ecommerce company based in Cape Town. Certain details about his job, performance
standards, workplace, start date of employment, regular working hours, compensation,
frequency of payment, etc., are outlined in his contract. Mr. Erasmus comes to you for
assistance.
Which one of the following statutory labour legislation mandates that an employer like
Takealot to formalise the employment contract and include all of the information listed
above:
A. Basic Conditions of Employment Act 75 of 1997.
B. Occupational Health and Safety Act 85 of 1993.
C. Labour Relations Act 66 of 1995.
D. Compensation for Occupational Injuries and Diseases Act 130 of 1993.
Question 5
(1 mark)
At the Middlebelt Colliery Mine in Mpumalanga, Thabo works as a miner. Twenty miners
perish instantly in the mine due to a methane gas explosion; Thabo survives but suffers
severe injuries. The doctor has informed Thabo that following an expensive surgery
procedure, he will be unable to work for 12 months to allow for his recovery. Thabo is
concerned about his inability to earn a salary during this time.
Thabo asks you for legal advice. Which legal provision should you review first to assist
him in these circumstances?
A. The Employment Equity Act 55 of 1998.
B. Compensation for Occupational Injuries and Diseases Act 130 of 1993.
C. Labour Relations Act 66 of 1995.
D. Basic Conditions of Employment Act 75 of 1997.
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Question 6
(1 mark)
Which one of the following is one of the reasons why governments may seek to promote
the pluralist perspective or strategy?
A. To regulate both employers and trade unions as massive and influential structures.
B. To suppress labour unions and substitutions with weak workplace structures or
governments run unions.
C. In order to support individual labour contracts with minimal worker rights.
D. To create and maintain and a cheap and docile labour force.
Question 7
(1 mark)
Martha works at a Durban-based florist, Flora Niche. She would like to know if she
qualifies for unemployment benefits under the Unemployment Insurance Act 63 of 2001
since she only put in 200 hours at the florist in the previous month.
According to the Unemployment Insurance Act 63 of 2001, how many hours must Martha,
the employee, put in at least each month in order to qualify for unemployment benefits?
A. 24 hours per month.
B. 45 hours per month.
C. 172 hours per month.
D. 40 hours per month.
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Question 8
(1 mark)
What exactly does the Latin phrase 'audi alteram partem' mean?
A. Take care, signatory.
B. He who alleges must provide evidence.
C. To hear the opposing viewpoint.
D. The contract has been signed.
Question 9
(1 mark)
Builder by trade, Tumelo performs work for Entrepreneur XX. Entrepreneur XX is building
a number of educational ventures at the secondary and university levels because he has
realised how important education is to the growth of the new democratic South Africa.
Tumelo receives a monthly salary, pays rent on the first educational venture's property,
and has medical-aid and pension contributions taken from his pay. Building plans are
discussed with Tumelo, and he even creates some of the structures. When recruiting
builder's assistants, some of whom work full-time and some part-time, he is typically
consulted. When necessary, Tumelo meets with a management of Entrepreneur XX to
go over future plans as well as the existing construction projects, the financing of building
supplies, the payment of the builders' assistants, and labour-related issues.
Which of the following statements is the correct in the scenario above?
A. A builder is an independent contractor, and therefore the contractual relationship
between Tumelo and Entrepreneur XX is that of an independent contractor.
B. Tumelo is an independent contractor because he, and not Entrepreneur XX, hires
builder's assistants and orders building material.
C. In terms of the multiple tests, the dominant impression is that Entrepreneur XX is the
employer and Tumelo is the employee.
D. Both A and B.
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Question 10
(1 mark)
Which one of the following is a dispute of right?
A. Dispute to acquire a new benefit, specifically medical aid.
B. Dispute to extend lunchtime to 1 hour and 30 minutes.
C. Dispute concerning an unfair dismissal.
D. A dispute concerning annual salary increases.
Question 11
(1 mark)
Gadiel is employed as an attorney at Dynamic Accounting Services (Pty) Ltd Gadiel's
work agreement with Dynamic Accounting Services (Pty) Ltd calls for her to drive herself
to the specified locations of clients and provide them with legal counsel. If Gadiel's car is
damaged while she is working, Dynamic Accounting Services (Pty) Ltd will be responsible
for paying for the repairs. On route to a client, Gadiel gets into a car accident, seriously
damaging her vehicle. The repair of Gadiel's automobile will cost R80,000.00. Gadiel is
accused of negligence and should have driven more gently, according to Dynamic
Accounting Services (Pty) Ltd, which is why they won't pay for the repairs.
Which of the following remedies for contract breach should Gadiel bring against Dynamic
Accounting Services (Pty) Ltd?
A. An interdict.
B. Criminal sanctions.
C. Specific performance.
D. Cancellation
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Question 12
(1 mark)
Sibahle is a general worker for Zone Chemicals (Pty) Ltd. The company specialises in
producing and distributing specialty industrial chemicals to the paper, metal, and water
treatment industries. Since her co-workers are exposed to harmful substances through
inhalation, skin absorption, ingestion, and swallowing, Sibahle is concerned for her health
and safety as well as the health and safety of her co-workers.
Which of the following pieces of legislation should Sibahle review?
A. Occupational Health and Safety Act 85 of 1993.
B. Labour Relations Act 66 of 1995.
C. Basic Conditions of Employment Act 75 of 1997.
D. Compensation for Occupational Injuries and Diseases Act 130 of 1993.
Question 13
(1 mark)
You own an IT business, MH Technology Services Company. The working hours, bonus
structure, number of vacation days, and other amenities are all causing discontent among
employees. In response to employee unhappiness, you have developed a variety of
initiatives, some of which will be carried out inside briefing groups, operational teams, and
quality circles. These actions are designed to help employees use their full potential to
advance the organization's objectives, i.e., to promote employee involvement in order to
prevent problems that can endanger the organisation's success.
Which of the following is one of the main objectives of employee participation listed
above?
A. Align employees with their personal’s goals and values.
B. To avoid disobedience of rogue employees.
C. Extend democracy to the workplace.
D. Build the reputation of the employer.
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Question 14
(1 mark)
How many trade union representatives may be elected if the South African Municipal
Workers Union (SAMWU) is a majority trade union with 1500 members in the workplace?
A. 10 representatives.
B. 11 representatives.
C. 12 representatives.
D. 13 representatives.
Question 15
(1 mark)
Which of the following best describes a small team of workers that collaborate on projects
to advance equality, human relations, safety, and self-improvement, making their
company more competitive?
A. Socio-technical teams
B. Cross-functional teams
C. Quality circles
D. Task-force circles
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Question 16
(1 mark)
More than 1.5 million persons worked for state agencies and provincial bodies in 2014.
As a percentage of all employment in South Africa, this category is responsible for 13%
of all jobs. The need of creating labour relations structures and processes for the public
sector was acknowledged by the Labour Relations Act 66 of 1995.
The whole public sector was then represented by which of the following Bargaining
Councils?
A. Commission for Conciliation Mediation and Arbitration (CCMA).
B. Motor Industry Bargaining Council (MIBCO).
C. Public Service Coordinating Bargaining Council (PSCBC).
D. General Public Service Sector Bargaining Council (GPSSBC).
Question 17
(1 mark)
With 30 employees, Gilbert operates a steel company in Cape Town. As an employer he
is required to comply with the following under the Compensation for Occupational Injuries
and Diseases Act 130 of 1993:
A. Report all accidents within seven days and all occupational diseases within 14 days.
B. Pay employees who are temporarily disabled their compensation for the first five
months of absence within 14 days.
C. Report all accidents within ten days and all occupational diseases within twenty days.
D. Pay employees who are temporarily disabled their compensation for the first two
months of absence within 30 days.
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Question 18
(1 mark)
In terms of the Unemployment Insurance Act 63 of 2001:
A. A tiered benefit system is provided, with benefits allocated based on income
replacement, with lower income workers receiving 60% of the benefits while middleand high-income earners receive 30%.
B. The maximum number of weeks that can be accumulated for benefits in a four-year
period is 40.
C. It includes provisions for a graduated benefit system in which benefits are distributed
based on income replacement, with lower income earners receiving 40% of the
benefits while middle- and high-income earners receive 20%.
D. In a five-year period, benefits can only total up to 20 weeks and cannot exceed that
amount.
Question 19
(1 mark)
The ATASA Employers' Organisations, the Alliance Business Association (ABA), and two
additional trade unions have decided to establish a bargaining council. They have also
decided to submit the bargaining council's agreed-upon constitution to the registrar along
with application forms specifying the particular industry or service sector and geographic
region for which the council should be registered. A notice allowing interested parties to
submit objections must be published in the Government Gazette by the registrar. Within
what time period must interested parties lodge their objections to this newly established
bargaining council?
A. 20 days
B. 25 days
C. 30 days
D. 60 days
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Question 20
(1 mark)
The National Economic Development and Labour Council (NEDLAC) is comprised of
which of the following groups?
A. The informal sector, organised labour, and organised labour.
B. Organised business, government, and the media.
C. Organised labour, organised business, and the media.
D. Organised labour, organised business, and government.
Question 21
(1 mark)
Roschelle would like to create a workplace forum, but she is unsure of the requirements
for doing so. Establishing a statutory workplace forum is possible:
A. In workplaces with over 100 employees.
B. In workplaces with fewer than 150 employees.
C. In workplaces with 200 or more employees.
D. In workplaces with over 250 employees.
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Question 22
(1 mark)
Sandra works at Fashion World Queens, a Cape Town-based online clothes retailer. She
belongs to the South African Textile Workers Union (SATWU), which bargains in the
bargaining council on her behalf as an employee (National Bargaining Council for
Clothing and Manufacturing). She is interested in learning what type of collective
bargaining is most typical.
Which of the following best defines the most popular types of collective bargaining
practiced globally?
A. Centralised bargaining in a national forum where trade unions engage with an
employer whose ownership may include one workplace or several workplaces spread
over various sites in a region or the country.
B. Decentralised negotiating in a national or regional sectoral bargaining forum with
employer groups and labour unions active in particular economic sectors, including
manufacturing and services.
C. Centralised bargaining at the corporate or enterprise level, in which labour
organisations bargain with a business owner who may have control over a single
workplace, or a number of workplaces spread over various regional or national
locations.
D. Centralised bargaining in a national forum with participation from the top national
business federations and trade union federations with membership spanning
numerous economic sectors.
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Question 23
(1 mark)
Which of the following institutions in South Africa hosts centralised negotiations in a
national bargaining forum?
A. Federation of Unions of South Africa (FEDUSA).
B. Business Unity South Africa (BUSA).
C. National Council of Trade Unions (NACTU).
D. National Economic Development and Labour Council (NEDLAC).
Question 24
(1 mark)
Wayne is a manager a store in Claremont called Fashion Clothing (Pty) Ltd. He has been
stealing from the cash register of the business, fabricating a customer refund, and issuing
bogus receipts by overriding legal purchases on the computerised register. He is caught
on the CCTV cameras skimming money from the cash register after a few weeks. During
his disciplinary hearing, Wayne enters a guilty plea to the charges of egregious fraud and
dishonesty.
Which sanction should be imposed?
A. A final written warning should be issued to him.
C. He should be counselled and given a fine.
C. He should be given a written warning.
D. He should be issued with a summary dismissal.
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Question 25
(1 mark)
Zukiswa works for the Durban-based company Kubeka (Pty) Ltd. Regarding an incident
of sexual harassment that had taken place during working hours, Zukiswa would like to
lodge a complaint with management.
Which of the following is one of the steps in the grievance procedure?
A. Formal procedure outside the workplace.
B. Informal procedure at the workplace.
C. Informal procedure resulting in a grievance hearing outside the workplace.
D. Resolution by a decided by a mediator or arbitrator within the workplace.
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Section B
(45 marks)
Question 1
(15 marks)
Wanele works as a construction worker for Isipani Construction (Pty) Ltd. He must
perform strenuous physical labour as part of his job, including moving heavy supplies and
materials to the job site, setting up the site, testing and using machinery, measuring, and
cutting building materials to precise measurements, and using a variety of hand and
power tools. He is hit by a car on the way home from work, severely injuring his leg, and
the damage is permanent. The doctor informs him that due to the severity of his injury,
he must refrain from performing any strenuous physical labour and cannot put any
additional weight on his injured leg. Due to his injury, Wanele was recently let go from
Isipani Construction (Pty) Ltd. Wanele approaches you for advice because he believes
that his dismissal was automatically unfair.
Required:
Advise Wanele on whether or not his dismissal was automatically unfair. In your answer,
indicate whether Wanele has brought himself in line with any of the possible grounds for
unfair dismissal. Motivate the reason/s for your answer.
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Question 2
(12 marks)
Discipline has traditionally been the prerogative of management and supervisors, and it
has been applied in an authoritarian and inconsistent manner. Discipline should thus aim
to provide constructive support and reinforcement for approved behavior while correcting
inappropriate behavior.
Source: Finnemore, M.; Koekemoer, G.M. & Joubert, Y.T. 2018. Introduction into Labour
Relations in South Africa. 12th edition. South Africa: LexisNexis
Required:
Identify and explain the four (4) societal goals of discipline as identified by Landman.
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Question 3
(18 marks)
Karabo and his colleagues at Luxury Clothing (Pty) Ltd support an unprotected strike by
employees at Amahle Clothing (PTY) Ltd, one of Luxury Clothing (Pty) Ltd’s suppliers.
The management of Luxury Clothing (Pty) Ltd was not notified or given notice of the strike,
and as such the company claims that it was illegal, dismissing Karabo and the other
strikers. According to the trade union, all necessary procedures were followed. The trade
union declares a dispute in accordance with the procedure specified in the recognition
agreement.
Required:
Advise Karabo and his colleagues about the type of action they embarked on. In your
answer indicate the requirements that must be met for this type of action to be protected
based on the scenario above.
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