Period within which the dismissal itself must be effected, Business Law and Ethics

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QUESTION 1

One of the main ingredients of a system of collective bargaining is the right to join and participate in the activities of a trade union. What is the extent of this protected right and what are the prohibited acts related to this right?

QUESTION 2

Write briefly on the following:

(a) Agency shop orders; and

(b) Deductions from the remuneration of a worker for the employer's benefit.

QUESTION 3

An industrial dispute is defined by S. 2 of the Industrial Relations Act 1973 as:

"a dispute between an employee or a trade union of employees and an employer or a trade union of employers which relates wholly or mainly to- (a) a contract of employment or a procedure agreement

(b) the engagement or non-engagement, or termination or suspension of employment, of an employee; or

(c) the allocation of work between employees or groups of employees."

Describe the three above-mentioned elements [(a) to (c)] involved in the definition of an industrial dispute.

QUESTION 4

Section 32(2) of the Labour Act provides for 2 key elements during a dismissal procedure, namely

(a) the "opportunity to answer the charge"; and

(b) the period within which the dismissal itself must be effected

Describe in detail what the law means by the "opportunity to answer the charge"


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