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Employee Transport Allowance Negotiation
Summary
The scenario involves employees at Greenspace recycling plant wanting to negotiate a transport allowance due to rising public transport costs. This is classified as an interest dispute, meaning the employees must use collective bargaining to negotiate with Greenspace. In South African labor law, interest disputes involve negotiating new terms rather than enforcing existing rights. For further assistance, employees can consult with a labor attorney or their trade union representative.Full Conversation
Question *.* (* mark)
Choose the incorrect statement:
Ziyaad and his employer, BVP (Pty) Ltd (“BVP”) are currently engaged in an unfair dismissals dispute before the Commission for Conciliation, Mediation and Arbitration. Ziyaad was dismissed by BVP because he refused to wear personal protective clothing at work.
a. Any record of the disciplinary hearing may only be taken into account if both parties agree to it.
b. Legal representation will under no circumstances be allowed during the arbitration.
c. If the parties do not object, the arbitration process may start immediately if conciliation is unsuccessful.
d. The Commissioner must investigate the merits of the dispute with as few legal formalities as necessary.
The incorrect statement is:
**b. Legal representation will under no circumstances be allowed during the arbitration.**
Legal representation is not always prohibited in arbitration under the Commission for Conciliation, Mediation, and Arbitration (CCMA) rules. It may be allowed under certain circumstances, such as in complex cases or if both parties consent.
Is there anything else you need assistance with?
**b. Legal representation will under no circumstances be allowed during the arbitration.**
Legal representation is not always prohibited in arbitration under the Commission for Conciliation, Mediation, and Arbitration (CCMA) rules. It may be allowed under certain circumstances, such as in complex cases or if both parties consent.
Is there anything else you need assistance with?
Question *.* (* mark)
Which one of the following statements is incorrect?
The employees of ABC (Pty) Ltd are participating in a protected strike regarding their wage increases for *. During the strike….
a. the employees who participate in the strike will not be paid.
b. employees who damage ABC’s property may be dismissed if a disciplinary process is
completed.
c. the employee’s participation in the strike will be regarded as breach of contract.
d. the employer may obtain an interdict against the employees if the employees are guilty
of violent behaviour.
The incorrect statement is:
**c. the employee’s participation in the strike will be regarded as breach of contract.**
In a protected strike, participation is not considered a breach of contract under South African labor law.
**c. the employee’s participation in the strike will be regarded as breach of contract.**
In a protected strike, participation is not considered a breach of contract under South African labor law.
Question *.* (* mark)
True or False: The Labour Relations Act provides that both the Supreme Court of Appeal and the Labour Appeal Court have exclusive jurisdiction to hear appeal cases from the Labour Court.
a. True
b. False
The correct answer to Question *.* is:
**b. False**
The Labour Relations Act provides that only the Labour Appeal Court has exclusive jurisdiction to hear appeals from the Labour Court, not the Supreme Court of Appeal.
Is there another question or legal issue you need help with?
**b. False**
The Labour Relations Act provides that only the Labour Appeal Court has exclusive jurisdiction to hear appeals from the Labour Court, not the Supreme Court of Appeal.
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Question *.* (* mark)
Choose the correct option: Absolute Pets (Pty) Ltd’s employees are partaking in a strike for the purpose of receiving higher wages. The employees referred a dispute to the CCMA and received a certificate of nonresolution after conciliation failed. Upon receipt of the certificate, the employees gave Absolute Pets three days’ notice of the commencement of the strike. The strike will be a/an:
a. legal strike
b. unprotected strike
c. illegal strike
d. protected strike
The correct answer to Question *.* is:
**d. protected strike**
The employees followed the correct procedure by referring the dispute to the CCMA and giving notice after receiving the certificate of nonresolution. This makes the strike protected under South African labor law.
Is there another question or legal issue you need help with?
**d. protected strike**
The employees followed the correct procedure by referring the dispute to the CCMA and giving notice after receiving the certificate of nonresolution. This makes the strike protected under South African labor law.
Is there another question or legal issue you need help with?
Question *.* (* mark)
Choose the correct option:
Summer Construction Company (Pty) Ltd employs * employees. Of those * employees, *
employees are members of the trade union TUCWSA. Which of the following organisational
rights will TUCWSA not be able to exercise in the workplace?
a. Trade union access to the workplace.
b. Deduction of trade union subscription or levies.
c. Disclosure of information.
d. All of the above
The correct answer to Question *.* is:
**c. Disclosure of information**
In South African labor law, a trade union typically needs to represent a significant portion of the workforce to exercise certain rights, such as disclosure of information. With only * out of * employees being members, TUCWSA may not have sufficient representation to exercise this right.
**c. Disclosure of information**
In South African labor law, a trade union typically needs to represent a significant portion of the workforce to exercise certain rights, such as disclosure of information. With only * out of * employees being members, TUCWSA may not have sufficient representation to exercise this right.
Question *.* (* mark)
True or False:
An arbitration award is final and binding and may be enforced as if it were an order of the Labour
Court if the award has been certified by the Director of the CCMA.
a. True
b. False
The correct answer to Question *.* is:
**a. True**
An arbitration award by the CCMA becomes final and binding and can be enforced like a Labour Court order once certified by the CCMA Director.
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**a. True**
An arbitration award by the CCMA becomes final and binding and can be enforced like a Labour Court order once certified by the CCMA Director.
Is there another question or legal issue you need help with?
Question *.* (* marks)
Indicate if the following statement is true or false and provide a short explanation for your answer:
An employer who selectively re-employs an employee who was part of a group of employees who were dismissed for participating in an unprotected strike, may be found to have unfairly dismissed any employees who, without reason, were not re-employed.
The statement is **true**.
Explanation:
- Under South African labor law, selective re-employment can constitute unfair dismissal.
- If other employees in the same situation are not re-employed without valid reasons, it may be seen as discriminatory and unfair.
Do you need any further clarification on this topic?
- Under South African labor law, selective re-employment can constitute unfair dismissal.
- If other employees in the same situation are not re-employed without valid reasons, it may be seen as discriminatory and unfair.
Do you need any further clarification on this topic?
Question *.* (* marks)
Indicate if the following statement is true or false and provide a short explanation for your answer: Arbitration proceedings may be appealed to the Labour Court within 14 days of the conclusion of the arbitration proceedings if one of the parties is dissatisfied with the outcome of the award.
The statement is **false**.
- Under South African labor law, arbitration awards issued by the CCMA are final and binding.
- They can be reviewed, not appealed, to the Labour Court, and the review application must be filed within six weeks of the award being issued.
Is there any other legal issue or question you need assistance with?
- Under South African labor law, arbitration awards issued by the CCMA are final and binding.
- They can be reviewed, not appealed, to the Labour Court, and the review application must be filed within six weeks of the award being issued.
Is there any other legal issue or question you need assistance with?
Question *. * (* mark)
True or False: BBBEE is a significant part of labour law as its principles are closely connected with those rights set out in the Employment Equity Act and the Skills Development Act, due to these Acts relating both directly and indirectly to economic empowerment.
a. True
b. False
The correct answer to Question *.* is:
**a. True**
BBBEE (Broad-Based Black Economic Empowerment) is indeed significant in labor law as it aligns with principles in the Employment Equity Act and the Skills Development Act, both of which aim to promote economic empowerment.
Is there another question or legal issue you need assistance with?
**a. True**
BBBEE (Broad-Based Black Economic Empowerment) is indeed significant in labor law as it aligns with principles in the Employment Equity Act and the Skills Development Act, both of which aim to promote economic empowerment.
Is there another question or legal issue you need assistance with?
Question * (* marks)
Zinzi Nsele has been working at a medium-sized accounting firm, Bean-accounting (Pty) Ltd, in the Helderberg area and only recently began her articles at the firm a few months ago. Recently, someone from the human resources department has informed her that given that she passed her first round of professional examinations, she is to be promoted to a more senior position and that she will be moved from her cubicle into one of the corner offices. Zinzi is extremely surprised to have been promoted at such an early stage, given her level of experience and the limited duration that she has worked at the firm. However, she is grateful for the opportunity to take on more responsibility and decides not to question the firm’s decision.
A few weeks have passed, and it seems that her role within the firm has not substantially changed, which she at least finds reassuring. However, whilst making photocopies late one afternoon, she discovers a document left behind in the photocopying machine. On the document she is listed as one of the firm’s executive directors. She cannot understand this, since no one had informed her that this was her new official role, and her salary has also not been increased since she has been promoted. She now feels extremely uncomfortable about the situation and is uncertain as to what she should do.
Question *.* (* marks)
Advise Zinzi on what she should do given the situation and what the correct institution to approach is.
Zinzi should take the following steps:
*. **Clarify Her Role:** Immediately discuss her concerns with HR to understand her official role and responsibilities.
*. **Request Documentation:** Ask for written confirmation of her new role and any changes to her employment terms, including salary.
*. **Seek Legal Advice:** If HR fails to provide satisfactory answers, consult a legal advisor for further guidance.
Since Zinzi is in Helderberg, she can approach the Commission for Conciliation, Mediation, and Arbitration (CCMA) if she feels her labor rights are being violated.
Phone: * * *
Address: * Harrington Street, Cape Town, *
Website: www.ccma.org.za
Have you considered discussing this directly with your HR manager?
*. **Clarify Her Role:** Immediately discuss her concerns with HR to understand her official role and responsibilities.
*. **Request Documentation:** Ask for written confirmation of her new role and any changes to her employment terms, including salary.
*. **Seek Legal Advice:** If HR fails to provide satisfactory answers, consult a legal advisor for further guidance.
Since Zinzi is in Helderberg, she can approach the Commission for Conciliation, Mediation, and Arbitration (CCMA) if she feels her labor rights are being violated.
Commission for Conciliation, Mediation, and Arbitration (CCMA)
Phone: * * *
Address: * Harrington Street, Cape Town, *
Website: www.ccma.org.za
Have you considered discussing this directly with your HR manager?
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