Industrial Relations And Legistlation

Question 1

Employee unfairly dismissed when

Answer 1

Was not given notice

Grounds of pregnancy or any other pregnancy related issues

Refusal to come back after maternity leave

Constructive dismissal

Arbitrary grounds

Taking part in WPF or TU

Taking part in a strike or protest

Question 2

Protected strikes

Answer 2

Any collective agreement followed 
If none LRA
CCMA IN WRITING 
30 days 
Certificate saying not resolved 
48hrs for private 
7 days for state

Question 3

Bargaining structures that solve disputes

Answer 3

WPF

Bargains councils

Statutory councils ( disputes in areas of jurisdiction; establish training schemes ; pensions funds medical … - smaller sectors )

Collective agreements + collective bargaining ( tu)

Question 4

Remedies for unfair dismissal

Answer 4

Compensation

Reinstatement ( does not wish to return , only procedurally unfair , intolerable working relationship, not practical)

A combination

Question 5

Reasons for dismissal

Answer 5

Operational

Misconduct

Incapacity

Question 6

Incapacity

Answer 6

health
Poor performance
Probation

Substantively fair if: 
Failed to reach standards
Aware of standards 
Fair and responsible standards 
Reason was investigated 
Given chance to improve

Question 7

Misconduct

Answer 7

Broke rule
Aware of rule or should have been( language )
Was valid and reasonable
Rule was applied consistently
Dismissal is appropriate course of action to take

Question 8

Procedural fairness

Answer 8

Employee notified of reason for disciplinary action

Given time to prepare

Right to state case and be represented

Right to interpreter

Any whiteness may be cross examined

Right to be informed about f hearing outcome

Right to appeal if wishes

Question 9

Operational reasons

Answer 9

Must notify employees and TU in writing of
Reasons for proposed retrentchments

Proposed Time

Methods of job selection

How many affected

Alternatives considered

Offers of severance pay

Assistance offered / future employments

• must ensure genuine by giving reasons for disagreeing with any suggestions from any 3rd party

Question 10

Unfair treatment in the workplace

Answer 10

Unfair conduct
Unfair suspension
Failure to reinstate
Unfair discrimination ( affirmative action / inherent requirements )