Question 1:

Lucinda Maki is a software developer and consulting expert in Artificial intelligence. Lucinda applied for a position as a software developer at Future Logistics Incorporated and was successful. Lucinda is permitted to join a trade union because it allows her to express her diverse interests within the organization and she is allowed to strike in terms of the law. Future Logistics Incorporated clearly has a policy that power and authority are not centred on one individual, but rather spread amongst a variety of stakeholders, there is no power structure. Lucinda once had a disagreement with her senior manager, Lee, and the conflict was settled to the satisfaction of all parties involved (negotiated trade-offs and settlement). Future Logistics Incorporated encourages all employees to freely express their opinions and is willing to compromise.

Required:

Indicate whether Future Logistics Incorporated’s management strategy is unitarist or pluralist in light of the facts presented above. Apply the relevant approach to the above-mentioned scenario to thoroughly motivate your answer.

Question 2:

Xandi and some of her female co-workers work as technicians for Midos, a vehicle repair business with its headquarters in Bellville. Midos offers services for brake, clutch, steering, suspension, transmission, and engine repairs as well as auto electrical, air conditioning, security systems, car sound systems, and vehicle accessories. They claimed that Midos underpaid them by up to R120 per hour compared to employees in the same department, who are mostly men, despite the fact that their job was of equivalent value. Mary and her female colleagues believe they are entitled to the same compensation as (male) sales department personnel. They believe that not being paid similarly, while doing comparable work, constitutes gender discrimination. They seek advice and guidance from the trade union, NUMA, in order to eliminate the gendered wage gap at Midos.

Advise the NUMA trade union on how it can help Xandi and her female colleagues to eradicate the gendered pay gap at Midos. In addition, explain to NUMA some of the challenges it might experience promoting equal pay for men and women in the workplace. (10 marks)

Identify the legislation or Act that was promulgated to significantly impact on reducing the wage gap between men and women in South Africa. (2 marks)
Question 3:

SATACO (Pty) Ltd concluded an collective agreement with COTACO Union, a majority trade union within the workplace. Julius, who is employed by SATACO (Pty) Ltd (but not a member of the union) realises that there are monthly deductions in the amount of R70 from his salary. Julius is not pleased about this and wants this to stop because he never authorized the deductions.

Required:
Identify and explain why deductions are being made from Julius’ salary and advise Julius whether he can stop the agency fee deductions from his salary.

Question 4 (12 marks)
Read the following case study and answer the questions that follow:

Thandeka is a mother of two young girls. Thandeka works as a live-in domestic worker in a very affluent neighbourhood in Cape Town. She receives an above- average salary compared to other domestic workers in the area. Thandeka only sees her daughters over weekends. Jenny and Mandisa, her two daughters, live with their grandparents in an informal settlement on the outskirts of Cape Town. Thandeka has to travel over four hours if she returns home to see her family, making her very tired.

Thandeka has recently noticed that she works more hours than her contract states. Some weeks, her working hours exceed 60 hours. Thandeka also needs to work on public holidays, limiting the time she has to spend with her two girls, Jenny and Mandisa. She is aware of current work trends, such as more flexible work hours, and that many job seekers are offered contract or part-time employment. Thandeka is considering joining a more active union that will represent her need for a work/life balance, but one of her greatest fears is losing her job.

Required:
Which piece of labour law legislation regulates the normal working hours per week in South Africa and how many normal hours, in terms of this piece of legislation, is Thandeka allowed to work per week. (2 marks)

Advise Thandeka about the challenges trade unions might experience or face when dealing with varying work trends, such as more flexible work hours or part-time employment, or for unions to recruit such vulnerable employees as members. In your conclusion, indicate whether these challenges can be addressed. (10 marks)

Question 5 (7 marks)

Read the fictitious scenario below and answer the question(s) that follow:

In 2019, Bianca Xola started her own company called Techno Conferencing. Bianca’s, business Techno Conferencing recognised that start-ups and up and coming business ventures needs for capital and access to markets are met. Techno Conferencing also provides an investor marketing service locally and internationally. Bianca have received various business accolades for small and medium size businesses in 2023. One of Bianca’s business premises is based in a previously disadvantaged area and currently employs 120 employees from the surrounding area. The company has gone through the initial growing pains and is currently well- settled. Bianca would like to actively address and assist some of the local community’s economic, social, and environmental issues.
Bianca approached you, a community leader and activist in youth development and skills and investment consultant, for advice because she would like to help and invest in the community.

Required:

Based on the scenario above, advise Bianca which areas Techno Conferencing can contribute to financially in the community in addressing pressing economic, social, and environmental issues.

Question 6 (18 marks)

Mark and his wife Amy run a thriving medium-sized jam and sauce manufacturer, called Joe’s Jam, located in the picturesque and fruitful Ceres valley. Joe’s Jam is an exciting new, level 1 Broad-Based Black Economic Empowerment (B-BBEE) business. Amy is having a disagreement with Kenny, the company’s manager. They have differing views on the management styles that the organization should employ. Amy believes that competitive groups should engage in social dialogue and coordination. Together with state involvement, this social dialogue should seek to minimize and better manage any conflict between employers and employees. She believes that centralized bargaining on basic values such as wages and working conditions eliminates the potential for numerous destructive workplace conflicts and that social dialogue should take place at least between the state, employer organizations, and trade unions so that power is shared.

Kenny, the company’s manager believes that employees should have power, which means that all power should be given to the workers. He believes that management’s ability to wield significant power over employees and unions must be limited. He believes that conflict between the classes, namely capitalist and labour, is unavoidable, and that the power of organized workers is sufficient to balance the inherent advantage of the employer in the employment relationship.

Required:

Analyse the labour relations theory / approach that Amy displays in the scenario above. (16 marks)
Notes to student: In this question, it is essential to identify the labour relations theory
/ approach Amy adopts and thereafter to explain it. You must also apply the relevant theory / approach you have identified to the set of facts.

Identify the labour relations theory / approach that Kenny displays in the scenario above. (2 marks)

Question 7 (13 marks)

Required:

Analyse the impact of the organisation of African Trade Union Unity (OATUU) and the International Labour Organization (ILO) and its Conventions on the South African labour relations landscape.
Note to student: In your answer you should discuss whether the international trade union bodies such as OATUU or ILO have made an impact on the South African labour relations landscape or not.

Question 8 (10 marks)

Read the fictitious scenario below and answer the question(s) that follow:

Rupert and Motsepe (Pty) Ltd. have four gold mine operations in the Free State province: Pule, Masa, Tippy, and Weston. All of them are situated in the Free State Goldfields in and around Welkom. Rupert and Motsepe collectively employ 30 000 people in the said mining operations, which produce 1200kg per month of precious metals or 38kg per day. Their operations produce R35.2 million in revenue per day.

Beja Community Development Structure, is a community organisation consisting of community leaders, activists, and various community structures representing several community members affected by Rupert and Motsepe (Pty) Ltd’s mining activities in the Free State. The Beja Community Development Structure learns from a research report that South Africa has one of the most significant estimates of work- related fatal accidents worldwide in its mines. Beja Community Development Structure is mainly concerned with the safety of the mine workers at the gold mine and wants to know what mechanisms have been put in place to prevent workplace accidents and deaths in South Africa.

Required:

Advise the Beja Community Development Structure on what mechanisms have been implemented to avoid injuries and fatalities within South African mines. In your conclusion, advise the Beja Community Development Structure about South Africa’s safety record regarding injuries and deaths within South African mines and whether the mechanisms implemented will have an impact on reducing these fatalities within the South African mines.
Note to student: In your advice to Beja Community Development Struture , apply your answer to the set of facts above. Refer to the relevant legislation.

Answers to Above Questions on Labour Law

Answer 1: An analysis of the given case study indicates that the management strategy of Future Logistics follows the strategy of a pluralist approach rather than a unitarist one. In case of pluralist approach, any problems within the organisation is viewed in a diversified context and it is considered beneficial to the entire organisation if the problem is solved, but in case of unitarist approach, the organisation is used as a cohesive unit with conflicts being considered as disruptive to the harmony of the workplace.