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Chapter 4

4. The Impact Of Employment Relations And Labour Legislation On An


Question 4.1 [16]

As a manager you are daily dealing with labour relations as more and more
employees fall under the ambit of labour legislation. Prioritise the advantages of
practising sound employment relations after a critical evaluation thereof in your

Question 4.2 [10]

Identify all the relevant stakeholders in the employment relationship and discuss their
respective roles.

Question 4.3 [20]

The basic conditions of Employment Act 75 of 1997 oblige all employers to enter into
contracts of employment with their employees. You, as a site manager, need to enter
into a contract with 5 subordinates. Compile a service contract according to the
requirements set out in the BCEA.

Question 4.4 [14]

The technology and business environment change from time to time to keep up with
new demands. Companies, spear headed by cutting edge technologies, are
changing their personnel profile by changing permanent staff to hired contractors.
Distinguish between an employee and an independent contractor and indicate the
advantage of each category from an employers view

Question 4.5 [12]

Mr Motaung, the companys driver, is unhappy with the process of receiving goods
from the stores and delivering it to customers. When he starts the grievance process,
it was found to be outdated and do not comply with current legislation. You, as the
engineering manager, are appointed to evaluate the current grievance procedures
and to draft a new procedure for the company. Part of this process is to explain how
a manager should deal with employee grievances.

Question 4.6 [25]

One of the companys artisans is charge with violation of safety regulations. You, as
an independent manager, are appointed as chairperson of the tribunal. Explain the
process you will follow to conduct a fair disciplinary hearing.

Question 4.7 [2 x 10 = 20]

Distinguish among dismissals unfair labour practices and automatically unfair
Question 4.8 [3 x 20 = 60]
To dismiss an employee is no easy business. Formulate the procedures to follow in
cases of misconduct, incapacity and operational requirements.

Question 4.9 [20]

One of your companies employees has been dismissed when he was found sleeping
on duty. This was his third offence within six months. This employee took the case to
the CCMA as he felt that it was an unfair labour practice. You have been asked to
assist the legal team in the preparation of this case to the CCMA. Explain the
different steps that have to be followed and write short notes for each of the different
steps that will assist the team in their preparation.

Question 4.10 [10]

A labour union can go on a legal strike, provided they follow the rules. Companies
can retaliate by a complete lock-out. Compare the legal requirements that the
different bodies must comply with to ensure protected strikes and lock-outs.

Question 4.11 [5 x 4]
List the five different legislations applicable to employment relations in South Africa
under the following headings:
Who must comply?
How do you comply?

Question 4.12 [2]

Describe the purpose of the grievance procedure.

Question 4.13 [6]

Your team is behind schedule and your supervisor expects you to take shortcuts to
catch up. To do so, you will have to contravene company safety standards and
endanger the lives of your colleagues. You want to lodge a grievance. Discuss the
steps that you would follow.

Question 4.14 [10]

Explain when an employee may be suspended and discuss the process of that has
to follow to suspend such an employee.

Question 4.15 [10]

Elena, your secretary, is arriving late for work every day. You talked to her about this
and she indicates to you that arriving on time is not part of her job description; she
can work flexi-time. However, your office offer service to customers and the office
opens at 8:00. Explain the process that you would follow to get her dismissed on
charges of arriving late for work.

Question 4.16 [10]

Five new apprentices have started at your department. As part of their induction,
you, as their immediate supervisor need to discuss the purpose of the disciplinary
procedure. Write short notes that you can use to assist in your discussion.
Question 4.17 [20]
You want to appoint a new technician in your department and HR has asked you to
assist in this regard. Compile a service contract, according to the requirements set
by BCEA, with your departments special needs, which you can give to HR.

Question 4.18 [10]

The basic conditions of Employment Act 75 of 1997 oblige all employers to enter into
contracts of employment with their employees. You need to enter into a contract with
your 5 subordinates at Kriel power station. Structure the most important information
required in an employment contract.