CASE STUDY

Q1. Is Nomsa’s suggestion appropriate? Explain reasons.

Ans. From case study we know that worker is treated badly but Nomsa’s
suggestion is also not appropriate because before strike they have to
discuss their grievances with top order management if the supervisor
didn’t solve their grievances which Nomsa’s did do this and give
suggestion of strike.
Q2. With the section on LRA in this unit in mind, and knowledge of
unit 4 in module, decide whether the workers have the right to strike.
Try to conduct further research into the LRA to get more detailed
information on strike action and procedures.
Ans. Yes the Labour Relation Act gave the right to worker that they can
commence a strike but the strike must be on procedure which is been
provided by the LRA. Firstly the union should ask from there member to
vote that either they should commence strike are not. Importantly they
should keep in mind that the strike must be protected otherwise those
employees will be responsible if any damaged suffer the employer.
Q3. What are the steps to be followed by the workers in order to call
a legal strike?
Ans. If the employees want to do a legal strike they have to forward their
dispute to work place council or CCMA or bargaining council for which
the councils have 30 days in which they must be agreed upon to resolve
the dispute . If no agreement were made so the union should take a ballot
to get majority support and after that issue a certificate to the
management that the employees is going a protected strike within 48
hours .
Q4. What can the worker do if their strike action fails to elicit any
response from the management of the company?
Ans. If the employees do a protected strike and fail to get attention from
top level management and fails to resolve their grievances with
management so the Labour Relation Act give the right to worker that they
can communicate with Labour Court.
Q5. Identify the unfair Labour practices in the case study in
Question 1&2?

Ans. The practices which are against the LRA are that the behavior
toward the employees in workplace are not good future that the rules and
regulation of labour relation Act are not followed which is dismissal of
worker from their job without any proper process and the supervisor is
also harsh towards worker and on other hand the workplace is also not
safe and good which is also against from LRA, and the last one that Joel
dismissed Nomsa’s from job.

Q6. What is the legal position regarding salary and wage slip?

Ans. According to the Payment of wages act in LRA (1991) all the
employees have the right to get wage slip which shows all the earning
and deduction from the salary at work time.

Q7. What is the term used for type of leave a company should grant
when a close family member of a worker dies?

Ans. When someone close relative to the worker dies that is his/her
Father, mother, life partner, grandparent, child, sibling, or adoptive parent
so the company should give them “Bereavement leave or family
responsibility leave” which is granted for three days.

Q8. Is this type of leave cover in BCEA, and how much it is granted?

Ans. The leave which is mention above cover in BCEA (Basic condition
employment act) this is a paid leave and granted for only three days of
working days in each Annual cycle.

Q9. Do you think that Nomsa has a case of unfair dismissal?

Ans. The dismissal case of nomsa is unfair because she only discussed
with her fellow to commence a strike and the supervisor dismissed nomsa
by this fact that she arrange and call for strike.