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MODULE NAME: MODULE CODE:
PRINCIPLES OF EMPLOYMENT LAW PEMA5112/p
PRINCIPLES OF EMPLOYMENT LAW PEMA5122/p
SLP: PRINCIPLES OF EMPLOYMENT LAW EMPL018
INTRODUCTION TO LABOUR LAW LABL5112/d
ASSESSMENT TYPE: EXAMINATION (PAPER ONLY)
TOTAL MARK ALLOCATION: 120 MARKS
TOTAL HOURS: 2 HOURS (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not on your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, during the first hour or during
the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you can complete the assessment within the
allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are not allowed.
3. Answer all questions.
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Question 1 (Marks: 20)
Multiple-choice questions: Select one correct answer for each of the following. In your answer
booklet, write down only the number of the question and next to it, the number of the correct
answer:
Q.1.1 Identify the scenario that best illustrates an unfair labour practice: (2)
(1) Karl, who was a director of “The Company” was found guilty of several
charges of misconduct. After complying with the requirements of
substantive and procedural fairness, the employer demoted him to the level
of deputy director.
(2) Karl is the National General Manager at Xcap, which owns a chain of
supermarkets in all provinces in South Africa. On Thursday afternoon, Karl
had a difference of opinion while having a discussion with Sydney, one of the
managing directors of Xcap. Soon after this discussion, HR notifies Karl that
he has been demoted and transferred to the Xcap Tembisa Branch. He has
been notified that he will act as the General Manager at branch level and
that he should be grateful that he still has a job.
(3) Karalina was on maternity leave for 3 months. Upon her return to work, she
is informed by her employer that the company has replaced her and she no
longer has a job.
(4) Karl participated in a protected strike. He receives an SMS from his employer
stating that, as a result of his insubordination and his refusal to follow the
reasonable commands of his employer to come back to work, he is now
officially dismissed and he must not return to work.
Q.1.2 Identify the scenario that best illustrates an automatically unfair dismissal: (2)
(1) Karalina was on maternity leave for 4 months. Upon her return from
maternity leave, she is informed by her employer that the company no
longer has a position for her and the company has replaced her with a man,
a far better worker who will not need to be away from work due to maternity
leave.
(2) Karl participated in an unprotected strike. The strike broke out into violence
that later led to the injury of two people. Karl receives notification from his
employer that he must attend a disciplinary hearing. After complying with
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all the requirements of procedural fairness, he is found guilty of misconduct
and is dismissed.
(3) Melusi is a primary school teacher at a rural school in Kwazulu-Natal. He is
caught on camera beating a student. The video goes viral and parents start
to complain. The employer holds a disciplinary hearing and it suspends
Melusi as a punitive measure for one month with full pay.
(4) Three employees are caught stealing chickens from the school chicken run.
All three are subsequently fairly dismissed. One week later, two of the
employees are asked to come back to work but one employee is not recalled.
Q.1.3 Identify the scenario that best shows misconduct by an employee: (2)
(1) Prince is a driver for a local bus company. On his way to Lwamondo, he
suddenly feels ill. He has a stroke and causes an accident. Mrs Maple Syrup,
a passenger on the bus, is seriously injured in this accident.
(2) Musi calls into work sick. On the same day that he calls in sick, he is later
seen on national TV toyi-toying while participating in an unprotected strike.
He is also seen on CCTV looting and stealing from a nearby shop.
(3) Princess raises certain concerns about health and safety within the
workplace. She informs the health and safety representative that the
company does not seem to adequately comply with relevant regulations.
(4) All of the above
Q.1.4 Identify the statement that best describes the role of the CCMA: (2)
(1) Conciliate workplace disputes.
(2) Arbitrate certain categories of disputes.
(3) Facilitate the establishment of workplace forums.
(4) All of the above.
Q.1.5 Identify the statement that is incorrect regarding conciliation: (2)
(1) If conciliation is unsuccessful, a dispute about a dismissal based on
misconduct will go to arbitration.
(2) If an unfair dismissal dispute based on operational requirements is not
conciliated successfully, it may be referred to the Labour Court for
adjudication.
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(3) If a conciliation is unsuccessful, the commissioner should issue a certificate
stating the dispute was not conciliated.
(4) The conciliator makes an award that is final and such an award can only be
taken on review.
Q.1.6 Tiny Chef is appointed as the Head Chef at Burger Store. Identify the scenario that (2)
best illustrates termination of employment based on grounds of impossibility:
(1) On Friday night, a violent storm occurs and a fire breaks out. The Burger
Store is burnt to ashes.
(2) Two months after her appointment as Head Chef, one of the directors of the
company passes away.
(3) Tiny Chef has a heated disagreement with a customer. The customer grabs
her handbag and runs out of the store.
(4) Tiny Chef and his employer cannot see eye-to-eye. They agree that the
relationship is not working and they decide that its best to part ways on a
good note.
Q.1.7 Identify the statement that is incorrect regarding the reinstatement of an (2)
employee:
(1) The primary remedy for unfair dismissal is reinstatement.
(2) Reinstatement would not be the best remedy where the continued
employment relationship would be intolerable.
(3) Reinstatement would be appropriate where the relationship of trust has
broken down.
(4) Compensation would be appropriate where the employee does not wish to
be reinstated.
Q.1.8 Identify the statement that is incorrect regarding arbitration: (2)
(1) In arbitration proceedings, the award of the arbitrator is final.
(2) A dispute regarding misconduct should be referred to arbitration.
(3) Arbitration can take place at a bargaining council.
(4) Arbitration is a process where a third party assist the disputing parties to
bring them to negotiation and settlement.
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Q.1.9 Identify the statement that is false regarding dismissals: (2)
(1) A dismissal based on operational requirements is regarded as a no-fault
dismissal.
(2) Dismissal on the basis of economic needs should be used as a matter of last
resort.
(3) An employer may offer changed terms and conditions of employment to
employees, changes that are necessary for the business. If an employee
unreasonably refuses to accept these changes, he or she may be dismissed
for operational reasons.
(4) Technological needs of an organisation refer to the introduction of new
technologies. In terms of our law, employees’ posts or jobs should not
become redundant because of the introduction of new technology in the
workplace.
Q.1.10 Identify the scenario that best illustrates an automatically unfair dismissal: (2)
(1) Melville participated in a protected 3-day strike. While the strike is ongoing,
he receives an email from Henry, the director, saying that he has been
dismissed because the company cannot permit striking employees.
(2) Melusi follows the Rastafarian religion and he has dreadlocks. The company
recently appointed a new director who follows a very strict culture that does
not believe in men growing their hair. This director informs Melusi that if he
does not cut his hair by next week, he should consider himself dismissed.
(3) Marvis recently discovered that she is pregnant but she is unmarried. She
informs the director about the good news. Melusi, the director, informs her
that the company cannot allow Marvis to continue to work in the company
as she is an immoral individual and a bad example to junior staff members.
She is dismissed with immediate effect.
(4) All of the above.
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Question 2 (Marks: 20)
Match Column A with the correct description or term in Column B. In your answer booklet, write
down only the question number and, next to it, the letter of the correct answer.
Column A Column B
Q.2.1 Collective bargaining A This is a collective agreement between an
employer and a majority union in terms of which
employees who are not members of the majority
union and all employees who are eligible for union
membership are required to pay agency fees.
Q.2.2 Bargaining council B This is a written agreement concerning terms and
conditions of employment.
Q.2.3 Collective agreement C This is a collective agreement between an
employer and majority union in terms of which all
employees covered by the agreement are required
to join the majority union, which is a party to the
agreement.
Q.2.4 Agency shop agreement D A body where collective bargaining can take place.
Q.2.5 Trade union E An association of employees whose main aim is to
regulate relations between the employer and
employees.
Q.2.6 Workplace forums F This is a basic principle of collective bargaining and
is protected by the Constitution, the LRA and the
ILO Conventions.
Q.2.7 Freedom of Association G This is a voluntary process where employers and
employees can negotiate terms and conditions of
employment.
Q.2.8 Organisational rights H These organisations encourage employee
participation in the workplace and are designed to
provide opportunities for employers and
employees to cooperate meaningfully.
Q.2.9 Centralised bargaining I This type of bargaining takes place in a specific
sector of the economy.
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Q.2.10 Closed shop agreement J These are granted to unions by the LRA to enable
them to function more effectively and to build
support at the workplace.
Question 3 (Marks: 25)
The City of Tshwane said, “on Sunday, municipal employees responding to a call-out had been shot
at in Montana. It said it believed that its striking workers, affiliated to the SA Municipal Workers
Union (Samwu) were behind the attack. In a statement, it said the ‘unprotected strike has
degenerated to thuggery and criminality.’ The city said the standby team from the water and
sanitation section had been responding to a call when they were confronted by a group of men who
intimidated them and instructed them to stop working.”
TimesLive. Samwu strikers alleged to be behind shooting of Tshwane municipal worker. 14 August
2023 - 12:11. Available at: https://www.sowetanlive.co.za/news/south-africa/2023-08-14-samwu-
strikers-alleged-to-be-behind-shooting-of-tshwane-municipal-worker/ (Accessed 15 September
2023)
Taking into account the extract above, answer the following questions:
Q.3.1 Define the term “strike.” (6)
Q.3.2 The SA Municipal Workers are regretful of the outcomes of the strike and come to (19)
you for guidance. Advise the SA Municipal Workers with regard to the following
questions:
• Explain to the SA Municipal Workers Union the difference between a
protected strike and an unprotected strike.
• Explain the procedures or steps that ought to have been taken by the
workers in order to ensure that the strike qualifies as a protected strike.
• Highlight the consequences and benefits of participating in a protected
strike.
NOTE: 15 marks are to be awarded for your advice and 4 marks are to be awarded
for the skill that you use to answer this question.
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Question 4 (Marks: 35)
Leo is an employee of Trojan Horse Explorers (Pty) Ltd. The company is mining Titanium in the West
Rand. On 23 July 2023, while working on site, the excavator rolled over, injuring six people on site.
Leo is one of the injured. At the accident scene, he realises that he no longer has feeling in the right
side of his body. He is taken to West Rand Hospital and his right leg is later amputated. Leo is no
longer able to work as an excavator operator and his employer has to give him different tasks as he
is now in a wheelchair. His medical bills amounted to R 65 000, with such cost being way out of his
financial reach.
Answer the following questions:
Q.4.1 Discuss the aims and objectives of the Compensation for Occupational Injuries and (5)
Diseases Act 130 of 1993 (or COIDA).
Q.4.2 Identify any four (4) persons who are excluded from the application of the COIDA. (12)
In your answer, you are also required to highlight whether or not the Act would
apply to Leo.
Q.4.3 Explain to Leo the requirements that he must meet in order for him to qualify for (10)
compensation in terms of the COIDA. In your answer, you are also required to
explain whether you think he qualifies or not to receive compensation.
Q.4.4 Due to his popularity in the workplace, Leo has been appointed as the Health and (8)
Safety representative at Trojan Mine.
Explain to him any four (4) functions of health and safety representatives as they
pertain to the Occupational Health and Safety Act 85 of 1993 (OHSA).
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Question 5 (Marks: 10)
Discuss any five (5) benefits that are provided for by the Unemployment Insurance Act 63 of 2001
(UIA). In your answer, you are also required to refer to the circumstances in which one could claim
those benefits.
Question 6 (Marks: 10)
Answer the following questions:
Q.6.1 List the three reasons for which an employee may be fairly dismissed. (6)
Q.6.2 Outline briefly the two requirements that must be met for any type of dismissal to (4)
be considered fair.
END OF PAPER
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