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DIPLOMA IN HUMAN RESOURCES MANAGEMENT NQF 6 2ND YEAR

SUBJECT: LABOUR AND INDUSTRIAL RELATIONS II

MODULE 7: MACRO PERSPECTIVES

MODULE 8: LABOUR LEGISLATION

SUMMATIVE ASSIGNMENT

ASSIGNMENT NUMBER: HRM682-1-1


Learner Instructions for the Summative Assignment:

Section A: Short Objective Questions

The questions in this section test your knowledge and also your ability to apply your knowledge.

Read each question carefully and select one correct answer. Indicate your answer on the yellow

assignment cover sheet that was posted with this assignment. You have to mark your answer

under Section A on the second page of the cover sheet.

Section B and C: Essay and Application Questions

The questions in this section test your ability to apply your knowledge. When completing a

question based on a case study, read and study the applicable case study carefully. Then read

the questions that are based on that case study. Make sure that you understand the question

before you attempt the answer. For this section you have to type your answers on a blank page.

Answers to the assignment questions for Section B and C must be typed as this eliminates the

possibility of an assessor marking the answers incorrect due to the illegibility (unclearness) of

your handwriting. Computer Literacy is an entry requirement for the programme.

Each question must be clearly numbered.

Draw a line after each answer.

Use single sheets, front side only. (Double pages must be cut loose on the sides)

When you are asked to list or to explain a question you have to use your own words to

reflect your understanding and your knowledge.

Submitting your assignment:

Make sure your name, surname and student number is on every page.

Place your summative assignment (answer sheets) inside the provided YELLOW Portfolio of

Evidence (POE) cover sheet. Ensure that you use the correct colour assignment cover

when you submit your assignment. BLUE for formative assessments and YELLOW for the

summative assessments.

1. Remember to keep a copy of your answers. 2. Read the learner instructions carefully before you start with your assignment. 3. DO NOT leave out any questions! Please contact your study advisor if you do not

understand a question. 4. The suggested time to complete a module is 3 months. 5. NB!! Due to the fact that evidence provided has to be current, this assignment is

ONLY valid for 6 months from the date of receipt. If you take longer than 6 months to complete this assignment and module, please contact the College to get the latest assignment for this module.

6. Please check that you received the correct assignment before you start with the assignment. The assignment number and module number is indicated on the first page. BMT College takes no responsibility for students who complete incorrect assignments. If you received an incorrect assignment contact the college so that this can be rectified.


Your POE must look like a book with a YELLOW BMT College cover.

Hand deliver your POE to BMT College or post it to BMT College, Private Bag X100,

Bryanston, 2021.

Always keep a copy of your assignment (should your assignment be lost in the post) as BMT

College can take no responsibility for assignments lost in the post.

Each POE must be certified under oath (at any police station or post office) to be the original

work of the candidate.

Only the original certified POE will be accepted for assessment. No photocopied, faxed, e-

mailed or any other than the original certified POE will be accepted for assessment.

Results of your formative and summative assignments:

Your final mark will be outlined in a results letter at the end of each study unit.

To pass, you need a pass mark of 50% PLUS you need to be found competent against the

assessment criteria of the specific topics in the study module.

However, if a result of not yet competent (NYC) was determined against an assessment, you

will be notified by the assessor. The assessor will give you step by step guidelines on what

additional evidence needs to be collected in order to gain competence against that specific

assignment. As soon as you have gained competency you will be able to start with your next

study module.

Even though your progress will be followed by a study advisor, it will not be possible for the

assessor to comment on each question in your POE. This preventative measure is taken to

eliminate irregularities of sharing memorandum answers with fellow students. You are required

to answer all your questions without the help of any other person other than a study advisor of

BMT College.

Opposing your results:

According to the policies of BMT College, you have the right to appeal against the results of your

studies. When opposing your mark, you are required to fill in an Assessment Appeals Form (No.

BMTC FRM5060-02). This form can be downloaded from the website or requested directly from

the College. The Assessment Appeals Form needs to be submitted to the College.

Barriers and special needs of Learner:

Please do not hesitate to contact BMT College if there are any barriers that could affect the

fairness of the assessment in any manner.

Plagiarism Policy:

The unauthorised used of the thoughts and languages of another author or copying another

student’s work will not be tolerated by BMT College. Violating this policy may lead to a zero mark

on an assignment. Remember that assignments are set to help you and to assess your progress.

Be careful not to copy or use parts of another student’s work as this will only disadvantage you

and may lead you to failing this qualification if this comes under the attention of the Academic

Board of BMT College.


Section A: Short objective question (Multiple Choice and True or false )

Complete the following questions by marking the correct answer on section A of the yellow assignment cover sheet. Each question counts 1 mark.

Nr: Question:

1. The unitarist perspective a) denies the notion of inherent, built-in conflict and therefore regards unions as dysfunctional and

unnecessary. b) views the competitive conflict between management and labour as rational and inevitable. c) assumes that workers are oppressed for the sake of capitalist interests. d) views conflict between business and labour as undesirable. e) None of the above

2. Equity theory historically focused on ___ justice. a) procedural b) distributive c) interpersonal d) organisational e) interactional

3. Gloria thinks that she is paid less than other workers in her division and feels extremely resentful. She starts taking long breaks and generally wasting time. Her actions were a result of her perceiving what kind of injustice? a) interactive b) interpersonal c) procedural d) distributive e) interactional

4. Jessica believes that she received an appropriate salary increase this year but she does not believe that the company’s methods for determining salary increases were fair. She believes that there is a problem with the firm’s ___ justice. a) interpersonal b) distributive c) equity d) procedural e) outcome

5. People who perceive that they are victims of interactional/interpersonal injustice tend to blame their immediate supervisor rather than the organisation at large. Why is this? a) Interactional/interpersonal justice or injustice is intimately tied to the conveyer of the information. b) Interactional/interpersonal injustice can only occur during face-to-face encounters. c) When people are not treated with respect they tend to retaliate against those closest to hand. d) Interactional/interpersonal injustice is in the eyes of those who perceive they are disrespected. e) Interactional/interpersonal injustice is most often the result of impersonal policies of the organisation.

6. If no one is aware of conflict, it is generally agreed that ___. a) employee-employer relations will be good b) conflict is subversive c) no conflict exists d) conflict is inevitable e) conflict is psychologically driven as opposed to physically manifest


Nr: Question:

7. Power can be defined as ___. a) the ability to influence the behaviour of others b) the actualisation of the dependency of others c) congruence between the goals of the leader and those being led d) downward influence on one’s followers e) upward influence on one’s leaders

8. The most important aspect of power is probably that it ___. a) is needed to get things done in an organisation b) is a function of dependency c) tends to corrupt people d) is counterproductive e) involves control

9. Which of the following statements is true concerning power? a) Trust and mistrust affect the expression of power. b) A person can have power over you only if he or she controls something you desire. c) Power requires some congruence between the goals of the leader and those being led. d) To be effective, power must be actualised. e) In order to have power, a person must impose their control over others.

10. One reacts to ___ power out of fear of the negative ramifications that might result if one fails to comply. a) legitimate b) coercive c) punitive d) referent e) abusive

11. When your superior offers you a raise if you will perform additional work beyond the requirements of your job, he/she is exercising ___ power. a) legitimate b) coercive c) reward d) personal e) reflective

12. Which of the following types of power requires acceptance of the leader’s authority by members of the organisation? a) personal b) organisational c) legitimate d) positional e) balanced

13. Personal power is generally perceived as a result of all the following except ___. a) expertise b) charisma c) persuasiveness d) admiration e) skill

14. ___ power is based on identification with a person who has desirable resources or personal traits. a) Associational b) Legitimate c) Referent d) Personal e) Source


Nr: Question:

15. Your physician has advised you to take a series of medications. You comply because of her ___ power. a) referent b) information c) formal d) expert e) personal

16. Employers are often uncertain as to which questions they may ask without discriminating. Can a woman be asked if she is pregnant during an interview? a) Under no circumstances. b) Yes, if it is relevant to the type of work that she will be doing, for example if she has to travel a lot. c) This question will only be allowed if she applied for a receptionist position as she will not be able to be

off sick. d) Yes, this is not a discriminatory question as it does not relate to her race or gender.

17. Any number of employers associated together for the purpose whether by itself or with other purposes of regulating relations between employers and employees or trade unions is a/an a) trade union association b) workers association c) labour association d) employers’ organisation

18. In the company the shop steward has a position equivalent to that of a a) senior manager b) HR manager c) legal advisor d) none of the above

19. A typical union structure include some of the following institutions except for a) general membership b) local branches c) regional offices d) workplace forums

20. Business Unity South Africa (BUSA) was created in 2003 when two main business federations merged, namely a) Business South Africa (BSA) and the Black Business Council (BBC) b) NEDLAC and Business South Africa (BSA) c) Afrikaanse Handelsinstituut (AHI) and The Chamber of Commerce and Industry (Chamsa) d) None of the above

21. Examples of industrial trade unions include a) PEU, IFAWU and SABO b) NUM, Numsa and SATAWU c) POPCRU and AAWU d) J & GU, P&T and PSA

22. By being a member of a trade union the workers a) feel less threatened by the employer b) can aim their anger towards the employer in a joint way c) regains their sense of community and past values such as justice, security and faith d) all of the above

23. The four major stakeholders that participate in Nedlac include a) organised labour, organised business, government and the community b) organised labour, employers’ organisations, Department of Labour and rural people c) Cosatu, Nactu and Fedusa d) All of the above


Nr: Question:

24. The aims of the following Act are to promote societal and organisational justice a) The Labour Relations Act and Basic Conditions of Employment Act b) The Labour Relations Act, Basic Conditions of Employment Act and the Skills Development Act c) The Labour Relations Act, Basic Conditions of Employment Act and Employment Equity Act d) The Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act and Skills

Development Act.

25. The ___ plays a significant role in influencing and shaping the laws of South Africa. a) Nedlac and the Department of Labour b) the external environment, Nedlac and the Department of Labour c) Department of Labour d) Nedlac

26. The ___ is the supreme law of the country. a) common law b) Constitution c) Labour Relations Act d) Basic Conditions of Employment Act

27. What does the Labour Relations Act mean for employees? Every employee has the right to... a) form a trade union or join one and participate in its activities. b) strike provided he/she complies with legislative procedures. c) be consulted by employers on various proposals if there is a workplace forum d) take part in joint decision-making with management on various proposals as part of the collective

bargaining process (such as the adoption of a new disciplinary code) e) all of the above

28. What does the Labour Relations Act mean for employers? Every employer has the right to... a) form an employers’ organisation or join an employers’ organisation. b) lock out workers as a retaliatory action to a strike. c) insist that the procedures laid down by the Labour Relations Act (LRA) for employees intending to go

on strike are adhered to. d) dismiss employees for misconduct, incapacity or retrench employee for operational reasons, provided

that in all instances the employer complies with the LRA. e) All of the above

29 The Labour Relations Act primarily seeks to ... a) provide a framework within which the rights and obligations of employees, unions, employers and

employers’ organisations are spelt out bearing in mind fundamental rights conferred by the Constitution and obligations incurred by the Republic as a member of the International Labour Organisation.

b) provide collective bargaining in the determination of wages, terms and conditions of employment, and other matters of mutual interest

c) promote effective resolution of labour disputes. d) All of the above

30. If staff are engaged in a ‘go slow’, are these employees on strike according to definition under section 213 of the LRA? a) Yes, a ‘go slow’ represents ‘retardation of work’, and can be considered as strike action. b) No, a go slow is not a refusal to work. c) No, a strike means the partial or complete concerted refusal to work. d) None of the above.


31. Jona Dlamini owns a closed corporation named Wizard Garden services. He is responsible for the maintenance of Country Roads Nursery School every week day, 8 till 5 o’clock. Jona hopes to save enough money to buy his own garden equipment to be able to service other gardens. According to the LRA is Jona an employee of Country Roads Nursery School or an independent contractor? a) Jona is an independent contract as he is economically independent from Country Roads Nursery

School. b) Jona is an independent contractor as he is not subject to the control and direction of Country Roads

Nursery School. c) Jona is an independent contractor as he is does not form part of Country Roads Nursery School. d) Jona is an employee of Country Roads Nursery School as he works for them 40 hours per month,

every month, and they supply him with tools and equipment.

32. What does the Basic Conditions of Employment Act mean for employees? Every employee has the right to... a) be advised of his/her rights and obligations in terms of employment law and other legislation that

impacts on the employment relationship, such as the Labour Relations Act, the Employment Equity Act, the Unemployment Insurance Act, etc.

b) be protected against victimisation for exercising any rights in terms of the Labour Relations Act. c) work reasonable hours, be paid the appropriate notice on termination of service and be protected

against any unlawful deductions by the employer. d) a and b e) a and c

33. An employer asks Mary to work overtime until 19H00 and does not offer transport to the employee. The employee works in an area where taxis stop operating after 18H00. Mary does not have any alternative transport from work, this means that the she has to walk home after dark. When Mary joined her company she signed an employment contract agreeing to work overtime on reasonable demand. Can Mary refuse to work overtime in the above scenario? a) No, her employment contract stipulated that she should be available for overtime. b) No, she can nor refuse as it is not the employers responsibility to make transport available to

employees. c) Yes, section 7(b) of the BCEA states that every employer must regulate the working time of each

employee with due regard for the health and safety of employees. d) No, section 10(1)(a) states subject to this Chapter, an employer may not require or permit an

employee to work overtime except in accordance with an agreement.

34. Is a casual worker that works eight hours each Saturday for an employer entitled to paid annual leave? a) No, this chapter does not apply to employees who work more than 24 hours. b) Yes, casual workers who work more than 24 hours per month are covered by the BCEA, and the

employer would have to refer to section 20(2)(b) for the calculation. c) Yes, casual workers who work more than 24 hours per month are covered by the BCEA, and the

employer would have to refer to section 20(2)(a) for the calculation. d) Yes, casual workers who work more than 24 hours per month are covered by the BCEA, and the

employer would have to refer to section 22(1)(a) for the calculation.

35. Jacob is absent from work for three days. He advised his manager that he was not feeling well and consulted a traditional healer. Jacob returns to work and provides a letter from the healer to the HR manager. She frowns at his letter, upon which he informs her that she must respect his African culture. Does Jacob’s company have to accept this letter and pay for sick leave? a) No, section 23(1) of the BCEA states the medical certificate must be issued and signed by a medical

practitioner or person who is certified to diagnose and treat patients, and who is registered with a professional council.

b) No, section 23(2) of the BCEA states the medical certificate must be issued and signed by a medical practitioner or person who is certified to diagnose and treat patients, and who is registered with a professional council.

c) No, section 23(3) of the BCEA states the medical certificate must be issued and signed by a medical practitioner or person who is certified to diagnose and treat patients, and who is registered with a professional council.

d) Yes, section 23(1) of the BCEA states any medical certificate can be issued and the practitioner or person who is certified to diagnose and treat patients does not have to be registered with a professional council in such cases of traditional healers.


Nr: Question:

36. What does the Employment Equity Act mean for employees? Every employee has the right to... a) equal opportunity in the workplace. b) the elimination of unfair discrimination. c) have employers take measures to address the disadvantages of designated groups. d) be able to express concerns to management as to barriers to advancement. e) all of the above

37. Can an employer refuse to hire a woman because she is pregnant? a) No, this would be discrimination. b) Yes, it is referred to as fair discrimination if the job involves a health risk to the woman or foetus. c) Yes, depending on how far the employee is pregnant. d) Yes, depending on if the employee has to travel or not.

38. An employee feels that he/she is being discriminated against. What action can the person take to redress the situation? a) The employee should refer the matter to the CCMA or bargaining council. b) The employee must first lodge a grievance against the discriminator with the company.

39. Is it discrimination if a Chinese Restaurant serving Chinese cuisine appoints candidates along racial lines? a) No, if the job requires it, it is not unfair to appoint along racial or ethnic origin lines, as per section 6(2)

(b). b) Yes, as per section 6(1) no person may be unfairly discriminate against an employee in any

employment policy or practice on one or more grounds, including race, gender, sex etc.

40. In terms of the Employment Equity Act, two people apply for a position, the black and white person have equal abilities, but the white applicant has more relevant experience, who should get the job? a) The white person should get the job, because he/she has more experience. Section 15(1) states

‘affirmative action measures are measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities…’

b) Section 20(5) of the EE act states that ’an employer may not unfairly discriminate solely on the ground of that person’s lack of relevant experience’. If the black person can do the job, work experience may be discounted

41. What are some of the typical affirmative action measures taken by employers? a) Providing accommodation for their staff. b) A company could have a policy in place that ensures fair recruitment procedures, e.g. no favouritism or

nepotism, and that, where there is an imbalance in the workforce, there is an increased intake from disadvantaged groups.

c) Vacancies could be made known to all internal staff so that all staff have an equal opportunity to apply for jobs.

d) a and b e) b and c

42.

According to the EE Act, is it required that the employer has a workforce representative of the demographic profile of the country or region where it operates? a) Yes, the EEA sets numerical goals and quotas. b) No, the EEA does not sets numerical goals and quotas, but requires employers to take appropriate

and remedial action where there is an employment equity imbalance.

43. The Employment Equity Plan, must state amongst others a) the objectives to be achieved for every month of the plan. b) the affirmative action measures to be implemented. c) the duration of the plan, which may not be shorter than two years and longer than ten years. d) the procedures that will be used to monitor and evaluate the implementation of the plan and whether

reasonable progress is being made towards implementing employment equity. e) b and d


Nr: Question:

44. The EEA2 report indicates a) the company’s workforce profile, showing race and gender and people with disabilities, each year both

by occupational category and occupational level. b) to the Employment Conditions Commission of average remuneration for the five highest and lowest

paid people in each category. c) the number of staff recruited, promoted, trained and terminated, the reason for termination, and the

numerical goals set by the employer. d) a and c e) a and b

45. Who takes ultimately responsibility for the monitoring and implementation of the Employment Equity plan? a) The company’s senior managers b) The CEO or Managing Director c) The Employment Equity Committee d) The Employees e) None of the above

46. What does the Skills Development Act mean for employers? The SDA encourages employers to… a) use the workplace as an active learning environment. b) force employees to upgrade their skills and knowledge. c) provide new entrants to the labour market with opportunities to gain work experience. d) a and c e) a and b

47. What does the Skills Development Act mean for employees? The SDA encourage a) work seekers to find work. b) retrenched employees to re-enter the labour market. c) employees to develop skills that can be used in the workplace. d) all of the above

48. The functions of the National Skills Authority (NSA) include a) advising the minister on national skills development policy and strategy and conducting investigations. b) establishing an institutional and financial framework such as the National Skills Fund c) reporting to the Minister on progress made in the implementation of the national skills development

strategy d) b and c e) a and c

49. What is a SETA? a) A SETA is the organising body, in conjunction with trading organisations in a specific sector, that

works to implement the sector’s skills plan. b) A SETA is the body responsible to place people on learnerships. c) A SETA is responsible for conducts investigations on reputable training institutions. d) A SETA must accredit training programmes on the NQF.

50. Does the Skills development levy paid on the remuneration of all employees include those employees who do not pay tax? a) According to section 3(4) of the Skill Development Levies Act, the levy is only paid on employees who

pays tax. b) According to section 3(4) of the Skill Development Levies Act, the levy is only paid on employees who

do not pay tax. c) According to section 3(4) of the Skill Development Levies Act, the levy to be paid must be based on

the remuneration of both employees, those who pay tax and those who do not pay tax because they earn below the income tax threshold.

d) None of the above


Nr: Question:

51. Is there any relationship between the amount of money an employer spends in terms of its training and development budget and the amount of the levy that is refunded by the SETA? a) Yes, the employer will receive the exact amount spend on training as a grant. b) No, there are two mandatory grants paid by the SETA to the employer. The first grant is paid for the

submission of the Workplace Skills plan (15% of total levies paid) and the second for the implementation of the Workplace Skills plan (45% of total levies paid), irrespective of amount spent on training.

c) No, there are two mandatory grants paid by the SETA to the employer. The first grant is paid for the submission of the Workplace Skills plan (25% of total levies paid) and the second for the implementation of the Workplace Skills plan (35% of total levies paid), irrespective of amount spent on training.

d) None of the above

52. Is the SETA financial year the same as the tax year? a) No, the financial year for every SETA ends 31 March. Companies must submit a Workplace Skills

plan for the period 1 April to 31 March. b) Yes, the financial year for every SETA ends 28 February. Companies must submit a Workplace Skills

plan for the period 1 March to 28 February.

Total Section A: 52


CASE STUDY 1: Is coffee the problem?

It is about 4.30 p.m. and Simon Ngwenya is

overwhelmed by the case he is dealing with in the

CCMA offices in Port Elizabeth. He is a practicing

labour lawyer and has been asked by officials of the

trade union BEBAC and the management of a

prominent retailing company in the fast-food

business sector, HUNGJAG, to act as a mediator

regarding the dispute. The Labour and employer

parties have agreed that they need this kind of help,

and they have opted for a private mediation process

with Simon as the agreed upon mediator. The

CCMA has kindly agreed to provide office space at

no cost. The case was scheduled for 9.00 am to

12.00 noon.

The terms of reference were rather simple:

determine whether Suzie Muller was unfairly

dismissed and assist the parties to resolve the

dispute amicably through an agreement about “the

way forward”. Simon is traditionally much more

used to win-lose-type of dispute resolution

processes. After all, that’s what lawyers tend to

specialise in: fighting to win the case for your client.

This was going to be a challenge, Simon has said to

his wife the previous evening—but now he knows

he had no idea how great a challenge was ever

going to be. “The case is so complex”, he thinks,

scratching his head while the parties are in separate

caucus meeting. He wished he was still smoking—

and that it would have been okay to smoke around

here. Simon is visibly stressed. A case officer has

walked passed and mentioned that the time is

running out and that the facilities won’t be available

all night. It has been a busy day, and the generosity

of the CCMA officers has been stretched—they

have been in need of the three rooms occupied by

this BEBAC/HUNGJAG case since midday. Simon

knows they’ll have to come up with something here.

The parties agreed that a failure to settle and come

to an agreement today could result in all sorts of

problems.

Suzie was dismissed about three weeks ago when

she reported to have been rather abrupt with a key

client who takes extensive deliveries of food weekly

from HUNGJAG. In fact it has been argued that she

has been downright rude. The client company is in

the process of threatening to withdraw form

HUNGJAG and to exercise its influence regarding

an extensive network of other client companies that

weekly make significant use of HUNGJAG’s range

of festive food and beverage.

Suzie argues that she has not been rude in the first

instance, but that repeated misbehaviour of the

driver of the client company had caused her a

tremendous amount of anxiety which led to her

losing her patience at a particular point. She claims

that at the time of the incident she had been

employed by HUNGJAG for just over three months,

she was uncertain about many things, got injured

that day on the job, and was really “pushed to the

limit” by “that pig of a delivery guy”. She also stated

she had repeatedly asked for her employment

contract, but has never received it. She has further

more been annoyed by the fact, as she said, that

she was getting much less pay than agreed upon

prior to commencing with her duties at HUNGJAG.

This is denied strongly by HUNGJAG’s

management.

CASE STUDIES

LEARNER INSTRUCTION The questions for Section B and Section C will be based on the following Case Studies:


CASE STUDY 1: Is coffee the problem?

Suzie further argues that she has never been given

any formal training of any kind since she started

with HUNGJAG. Management, on the other hand, is

arguing that Suzie claimed during the employment

interview that she had extensive training in a range

of different matters pertaining to the role they were

considering to employ her for. Suzie denies that she

ever made such claims during the interview. There

is no record of what transpired during the interview

and the particular outlet manager no longer works

for HUNGJAG.

Suzie’s resume states: “ I have worked in the fast-

food business since I was 16 years old and at

school. Through having worked at various

roadhouses, I have learnt how to make food and

serve customers. Evidence of my experience and

training can be solicited if required.” None of this

was apparently followed up. Suzie was given the

job, and the parties agreed that she did not have to

engage in any actual food preparation work, but she

did have to prepare coffee, hot chocolate, and other

soft drinks like milkshakes.

On the day of the incident Suzie poured a cup of hot

coffee over the hand of the “delivery man” of the

client company. “Why did you do that?” Simon

asked. Suzie’s response was, “I had told him how

badly I burned my hand earlier that morning with

boiling water while making coffee for another client.

As I handed him the food and drink he ordered, he

asked me to show him where I had burnt my hand.

As I did that, he took my hand in his, and pressed it

as hard as he could right on the spot where it was

hurting and burning most. I screamed, yelled at him

that he was a pig—and as he stood there laughing

at me, I gently poured the contents of one cup of

coffee over his hand. That was when he went to the

outlet manager an hour later and reported me”.

Simon was thinking and trying to understand why

Suzie was so upset and sobbing when she was

talking about the ordeal. Upon asking her why she

had even given him her hand, she cried and said

she trusted him, even though he had broken her

heart a week or so earlier when he kicked her out of

his flat.

HUNGJAG’s management maintains that they have

nothing to do with Suzie’s private life. They argue

that she has cost HUNGJAG a great deal of money

and lost business, all because she was unfaithful to

her former boyfriend who happened to be the driver

of the client company. Management agues that this

same trait has been demonstrated by her lying

about her own experience and training.

The problem was that HUNGJAG was experiencing

increasing competition, staff turnover has been

high, and they were presently losing business of a

key client—all because of Suzie’s non-work-related

problems. So they argued.

Simon could see that the two parties were worlds

apart. He was concerned, however, that he was not

going to be able to help them, thinking: “I am a

lawyer, not a counsellor on love-related dramas.”


CASE STUDY 2: Problems at Prima Packaging

Prima Packaging is a Black Economic Empowerment (BEE) company with six branches in Gauteng, three

in the Western Cape and two in Mpumalanga. The company also recently expanded its operations and

now have opened two new branches in the Limpopo province as well. Each province has appointed a

regional manager who reports to a Director situated at the Head Office in Gauteng. Prima Packaging

designs, manufactures and distributes packaging materials to farmers and wine cellars. The farmers use

the packaging to pack fruit and vegetables such as grapes, apples, bananas, paw-paw’s, strawberries,

avocado pears and tomatoes, while the wine cellars use it to pack different quantities of 750 ml bottles of

wine. The boxes can hold 3, 6, 9 or 12 bottles. Prima Packaging has also designed specific boxes which

the wine cellars use for export purposes. The packaging material is manufactured at the factory next to

the head office in Gauteng and then delivered to the customers in the different regions directly. The sales

teams in the different regions visit the customers on a regular basis and then send their orders to head

office. Prima Packaging’s employment profile is as follows:

Province Staff

Gauteng Western Cape Mpumalanga Limpopo Total

Directors 4 4

Regional managers 1 1 1 1 4

Supervisors/team leaders 10 5 3 2 20

Sales staff members 20 10 9 8 47

Clerical staff 6 3 2 2 13

Production line staff 197 197

Other personnel 18 6 4 4 32

Total 256 25 19 17 317

Up until recently there was limited Trade Union involvement within Prima packaging. However this has

recently changed with a concerted effort by the Packaging Union to recruit new members at Prima

Packaging. According to the Union 208 of the 317 staff members of the company have joined the union.

The union now claims that they are the majority representative union in the company. The owners of the

business are stationed in Europe. They recently informed the Managing Director that they do not want to

deal with unions, the Managing Director pointed out that South Africa has important labour legislation

which regulates the employer-employee relationship. Despite this the owners insist that the MD ignores

the unions as they are of the opinion that the 'problem' will go away.


Section B: Essay questions based on case studies Mark

Essay questions 1-4 is based on case study 1.

1. Is case study 1 about industrial relations or human resource management. Refer to the case study to substantiate your answer.

10

2. What are the aspects or dimensions of employment relations that may be at play here? 5

3. Why is Simon finding this case tough to deal with? 5

4. Given this brief and incomplete case study, what suggestions can you offer to try to reach a solution? Make relevant assumptions if necessary as you build your arguments.

10

Essay questions 5-9 is based on case study 2.

5. Can any union claim organisation rights? Motivate your answer. 5

6. By referring to the LRA, can the Packaging Union claim organisational rights? Why or why not? 5

7. Is it advisable for the Managing Director to ignore the request of the union as instructed by the owners of the company? Explain your answer in terms of the dispute resolution path.

5

8. What should the Management of Prima Packaging do? Remember to refer to the Labour Relations Act to substantiate your answer.

10

9. What is the difference between a sufficiently representative and a majority representative union? Provide an example.

5

Total Section B 60


Section C: Essay questions Mark

Essay questions

1. Briefly discuss the following ingredients of employment relations dynamics: Justice perceptions (3) Power (3) Common ground and cooperation (3)

9

2. Should politics be permissible in trade union activities? Substantiate your answer. 10

3. Discuss the worker representation problems that preceded, and therefore necessitated the appointment of the Wiehahn Commission.

15

4. With reference to the Employment Equity Act answer the following questions.

4.1 Does the Act make provision for fair discrimination? Substantiate your answer. 6

4.2 How will an applicant for employment be protected in terms of the EE Act? 5

4.3 Is it permissible to evaluate an applicant for employment or a candidate for promotion by using a psychometric test. Substantiate your answer.

5

4.4 How does the Act define a “suitably qualified” person? Consider the implications of the definition of a suitably qualified person on recruitment and selection processes.

5

4.5 Would it be possible in terms of the Act to use gender and race as selection criteria? Substantiate your answer.

5

4.6 Outline the dispute procedure to be followed in the case where an employee alleges that the employer has discriminated against him/her on religious grounds.

5

5. Is the Skills Development Act No.97 of 1998 functioning effectively? Make suggestions as to how the state and business can work together to enhance the skills pool in South Africa.

15

6. Review section 5.7 page 187-189 of your Employment Relations text book. Critically discuss and evaluate whether the approach followed by most companies embarking on BEE transactions is meeting the intended requirements of the BBBEE Act no.53 of 2003.

10

Total of Section C 90

Total of assignment 202

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