FORMATIVE ASSESSMENT 1 [100 Marks]

Read the following narrative and answer ALL questions that follow.

The employees at Siyasebenza Textiles (Pty) Ltd, a small company which manufactures T-shirts, are unhappy. Their employer refuses to allow them a lunch break during working hours which is in violation of the law. Siyasebenza has made it a policy that it does not employ coloured (mixed race people) people and all Catholic employees have also been overlooked for promotions. The companys employees are disgruntled however they are not affiliated to any labour union because the employer has made it clear that he will not have trade unions interfering with the way he runs his business. Jabu and three of his colleagues decide to join the Textile Workers Union and Jabu and others recruit 25 more workers into the Union. Before the Union notifies the employer of existence of its members at his factory, the employer finds out about Jabu and his colleagues. On the first day after finding out, the employer decides to lock out all the workers from the workplace until they revoke their membership. On the second day, he realises that his business is suffering losses and he lets them in. While inside, the employees decide to engage on a go-slow, an industrial action in which they work with minimum effort and they fail to meet targets of the day. The employer decides to dismiss all the employees involved in the go-slow.

Question 1 (30 Marks) Discuss whether any protected rights have been infringed, in addition to that, advise Jabu on the requirements for both substantive and procedural fairness for dismissals.

Question 2 (20 Marks) Relying on the provisions of the Basic Conditions of Employment Act, advise Jabu whether any rights have been violated. In your response, also advise Jabu on the other minimum conditions of employment.

Question 3 (20 Marks) Fully advise Jabu on the consequences of both protected and unprotected strikes and discuss whether their go slow is a protected or unprotected strike.

Question 4 (20 Marks) Fully advise Jabu whether a company can legally have a policy that does not allow hiring or promotion of certain categories of people. Question 5 (10 marks) Discuss any defenses available to allegations of unfair discrimination at Siyasebenza Textiles.