JUNE 2013 EXAMINATION DATE: 5 JUNE 2013 DURATION: 3 HOURS PASS MARK: 40% (BUS-LR1)

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1 LABBUS2 JUNE 2013 EXAMINATION DATE: 5 JUNE 2013 TIME: 09H00 12H00 TOTAL: 100 MARKS DURATION: 3 HOURS PASS MARK: 40% (BUS-LR1) THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS OF: (i) 10 MULTIPLE-CHOICE QUESTIONS (10 MARKS) (ii) 5 TRUE OR FALSE QUESTIONS (10 MARKS) (iii) 10 MATCHING-STATEMENT QUESTIONS (10 MARKS) SECTION B: SECTION C: SECTION D: CONSISTS OF 3 SHORT QUESTIONS CONSISTS OF 3 LONG ANSWER QUESTIONS CONSISTS OF 3 INTERPRETATIVE QUESTIONS ANSWER ANY ONE OF THE QUESTIONS (10 MARKS) (40 MARKS) (20 MARKS) INSTRUCTIONS: 1. Read the following instructions carefully before answering the paper, as failure to act upon them will result in a loss of marks. 2. Write your answers in your answer book, which is provided in the exam. 3. Ensure that your name and student number are clearly indicated on your answer book. 4. Write your answers in either blue or black ink in your answer book. 5. Read each question very carefully before you answer it and number your answers exactly as the questions are numbered. 6. Begin with the question for which you think you will get the best marks. 7. Note the mark allocations for each question give enough facts to earn the marks allocated. Don't waste time by giving more information than required. 8. You are welcome to use diagrams to illustrate your answers. 9. Please write neatly we cannot mark illegible handwriting. 10. Any student caught cheating will have his or her examination paper and notes confiscated. The College will take disciplinary measures to protect the integrity of these examinations. 11. If there is something wrong with or missing from your exam paper or your answer book, please inform your invigilator immediately. If you do not inform your invigilator about a problem, the College will not be able to rectify it afterwards, and your marks cannot be adjusted to allow for the problem. 12. This paper may be removed from the examination hall after the examination has taken place. DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 1 OF 8

2 SECTION A (30 MARKS) (i) MULTIPLE-CHOICE QUESTIONS Choose the correct option for each of the following. Write only the question number and your chosen answer. For instance, if you think that the correct answer for number 1 is, then write it as The degree and type of interference in the labour relationship practised by a government will not depend on: its ideological base. on the socio-political and economic circumstances. its laissez-faire attitude. on the strength of the union environment. 2. An employer is entitled to summarily dismiss an employee if he or she is guilty of material breaches of his or her contractual obligations. Select which one of the following does not present grounds for dismissal: potential prejudice to the employee insubordination breaching the duty to do the agreed work misconduct 3. Identify the option that makes the sentence false: Section 23 of Convention 135: Protection of Employee Representative states that: everyone has the right to work. everyone without any discrimination has the right to equal pay for equal work. everyone who works has the right to just and favourable remuneration. everyone has the right not to join trade unions. 4. The Labour Relations Act of 1956 caused further polarisation. Which one of the following statements is incorrect? Unions would not have mixed executives. Further registration of mixed unions were accepted. Restrictions were placed on present mixed race unions. All Africans were excluded from the Act. 5. Which one of the following is excluded from the grievance procedure? any claim or demand for changes in wages satisfaction of an individual over disciplinary action taken by the company dissatisfaction of an individual over disciplinary action taken by the company conditions of employment DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 2 OF 8

3 6. Union members do not have the right to: take part in lawful activites of the union. participate in the election of office bearers, officials and shop stewards. stand for election to any of the positions, subject to terms of the collective agreement. participate in the formation of the union. 7. Identify the option that makes the sentence false: Unions which are sufficiently representative have the right to: access. hold meetings with employees outside working hours. establish thresholds for representatives. conduct an election at the workplace. 8. Strikes and lockouts are allowed: where the party is subject to a collective agreement which prohibts a strike or lockout over the issue in dispute. where the issue is the subject of an arbitration award or other determination. when the issue is not submitted to arbitration or the Labour court. when persons involved are in essential or maintenance service. 9. Unfair labour practice means any act or omission other than a strike or lockout which has or may have the effect that: any employee or class of employees is or may be unfairly affected or that his or her or their employment opportunities or work security is or may be prejudiced or jeopardised thereby. the business of any employer or class of employers is or may be fairly affected or disrupted thereby. labour unrest is or may be created or promoted thereby. the labour relationship between employer and employee is or may be detrimentally affected thereby. 10. Identify the option that makes the sentence false: To ensure that the employee is fairly represented, the shop steward should perform the following duties: Ensure that the employee is given a fair and unbiased hearing. Submit mitigating evidence if the employee is found guilty. Ensure that the employee is given a biased hearing. Represent and assist the employee at the appeal hearing. [10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 3 OF 8

4 (ii) TRUE OR FALSE QUESTIONS Indicate whether the following statements are true or false. Motivate all your answers. 1. Traditionally the State is not regarded as a different type of employer from the private sector employer. 2. Psychometric testing and other similar assessments of an employee are prohibited unless the test or assessment being used is not biased against any employee or group. 3. Where labour legislation exists, the employment relationship is governed by the contract of employment, which is enforceable under common law. 4. For a shop steward to handle an employee grievance successfully, he or she should be well acquainted with a wide variety of information, including conditions of employment and company rules. 5. To ensure that the employee is fairly represented, the shop steward consults with the employer and others who have been involved in or observed the offence. [5 2 = 10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 4 OF 8

5 (iii) MATCHING-STATEMENT QUESTIONS Match the statements in Column B to the terms in Column A. Write down the answers only, for example 1.. Column A 1. objective of formal grievance procedure Column B acknowledges the role of the State and refers to a network of relationships between management, workers and the State or a number of employment relationships 2. convention 87 of the ILO written agreement concerning terms and conditions of employment or any other matter of mutual interest 3. final written warning to establish a channel through which an employee may freely discuss with his or her immediate superior any problem related to his or her job 4. labour relations protection of employee representative 5. wrongful dismissal (e) action taken for very serious cases of misconduct or repeated misdemeanours 6. collective agreement (f) freedom of association and protection of the right to organise 7. convention 135 of the ILO (g) employee dismissed without notice and in the absence of a legally accepted reason 8. grievance (h) given in serious cases which do not warrant dismissal 9. industrial relations (i) refers to the relationships between people who work and those for whom they work 10. dismissal (j) any dissatisfaction or feeling of injustice a worker may have in connection with his or her employment situation which is brought to the attention of management [10] [30] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 5 OF 8

6 SECTION B: SHORT QUESTIONS (10 MARKS) QUESTION 1 Explain why Employer's Associations are established. [2] QUESTION 2 Identify two factors where the employee's conduct justifies summary dismissal. [2] QUESTION 3 The ILO (International Labour Organisation) has a duty to promote full employment and raise the standard of living of all employees. Identify six ways through which the ILO will achieve this. [6] [10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 6 OF 8

7 SECTION C: LONG ANSWER QUESTIONS (40 MARKS) QUESTION 1 Identify the specific needs of workers in the workplace as suggested by Flippo (1983). [10] QUESTION 2 The new definition of ULP (unfair labour practice) was introduced by the 1991 Amendments. Discuss unfair labour practices. [10] QUESTION 3 List the goals of trade unions. (10) Discuss the principles upon which the Disciplinary Code is based. (10) [20] [40] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 7 OF 8

8 SECTION D: INTERPRETATIVE QUESTIONS (20 MARKS) ANSWER ANY ONE OF THE QUESTIONS QUESTION 1 Discuss the essential aspects of the employment contract. [20] OR QUESTION 2 Discuss Government's policy regarding the rights of workers as issued by the Department of Labour. [20] OR QUESTION 3 Discuss the following objectives of trade unions: Economic welfare Job security Job regulation Individual development [20] [20] Section A: 30 marks Section B: 10 marks Section C: 40 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 8 OF 8