MRL3702 Labour Law Examinations Questions | UNISA

Question 1  

Tse-Tharo is a bakery employing sixty (60) employees. According to its retirement policy, all its employees must retire when they reach the age of fifty-five (55). Like many others in South Africa, Tsakatsaka has spent most of his youth unemployed and only landed his first job at the age of forty-seven (47) at Tse-Tharo Bakery. He believes that it is unfair discrimination to force him into retirement at the age of 55, despite being strong, capable and willing to work, especially as he wishes to build a good pension profile.   

Write a critical legal opinion on whether the use of age as a basis to terminate employment relationships is fair and legally justifiable. (25)                       

Question 2 

Tebatso is employed in the Department of Employment and Labour (DEL) as a Chief Financial Officer (CFO). He suspected that Zanele, his deputy, together with the former Chief Operations Officer (COO) and other colleagues, was involved in some fraudulent activities in the department. Tebatso reported the matter to the office of the head of legal services in the department. The office of the head of legal services seemed concerned when Tebatso reported the matter, and they even promised to constitute a Special Task Team (STT) to conduct further investigations. Two months later, however, no STT had been constituted.  When Tebatso followed up, the head of legal services asked him whether he did not ‘have a wife and kids to focus on’. Tebatso escalated the matter to the Minister of the DEL,  providing clear evidential material. To his surprise, Tebatso was suspended with pay for eighteen 18 months and was later dismissed in December 2024 for reporting the fraudulent activities in the department.   

Concerning applicable legal authority, answer the following questions:

(i) What does the report made by Tebatso constitute?  (2) 
(ii) Was the action taken by Tebatso lawful?  (2) 
(iii)  Define the concept mentioned in (i) above. (7)
(iv)  What does the employer’s action to suspend and eventually dismiss Tebatso under these circumstances amount to, respectively?  (4)                       (v) Discuss whether there are possible remedies for Tebatso concerning both the suspension and the dismissal he was subjected to for reporting ongoing fraudulent activities in the DEL (4) 
(vi)  List and distinguish between the two types of suspension.(6)  [25]  

Question 3 

Concerning applicable legal authority, answer the following questions – 
(a) Distinguish between a dispute of right and a dispute of interest. (5) 
(b) List five principles of good faith bargaining. (10) 
(c) Distinguish between union security arrangements in terms of their purposes and explain whether they are permitted under the Constitution. (10)    

Question 4 

(a) List five (5) services that are designated as essential services by the Essential   Services Commission (ESC). (10) 
(b) Define the concept ‘essential services’.(5) 
(c) The LRA requires employees to give 48 hours’ notice to the employer before engaging in a strike. Explain the purpose of serving the notice.  (5) (d)  Define the concept ‘lockout’.   [25]   

 TOTAL: [100]