QUESTION 1 [25 MARKS] a) Discuss the factors which inhibit the success of collective bargaining process in the solution of an industrial stalemate. (15 Marks)

b) Examine the methods necessary for the maintenance of industrial peace. (10 marks)

The effective methods of settling disputes in labour relations are explained below:

QUESTION 2 (15 Marks)

Case study

Noble Logistics (Pty) Ltd employed Bafana as a clerk in its Chemical supplies department and he has been a diligent and productive employee for the past 2 years but recently in his third year his performance has come to a nosedive due to late coming and frequent absence from work. As a result of this the Human resource department became concerned and invited Bafana to discuss the issues affecting is performance and late coming which was never experienced before in his two-year working experience with the company. Bafana indicated that hes been having some family problems which affected him negatively and promised to change as that was affecting his work. The Human Resource Manager asked him if he could need some counseling which the company offered to assist by sending him to a specialist, but he declined and said he was now okay and will improve in his work and report on time, however after a duration of six months this did not change, and Bafana started asking for sick leaves and was often absent from work or could report late without any good reason. The Noble Logistics (Pty) Ldt was indeed concerned with the health and welfare of their employee (Bafana). The Human Resource Manager for the second time called him for a meeting to inquire what was wrong and why there was no change in his performance and late coming, and he continue to ask for sick leave yet does not need a specialist assistance offered to assist him by the company. After proper investigation Noble Logistics (Pty) Ltd has discovered that the truth connected to Bafana regular late coming and absence is that he formed a company Chemprove Investment (pty) Ltd together with his friend operating supplying chemical products just like his Employers and has been in operation for the last one year managed by his friend and that Bafana has been supplying some of the products to his employers customers for the past six months, colliding with the time that, he has been absent and pretending to be sick taking sick leaves and reporting late at work. Noble Logistics (Pty) Ltd Human Resource Manager called Bafana for short meeting, alleging his gross misconduct, poor performance and habitual late coming and ultimately served him with a dismissal letter. Bafana claimed that he was not given appropriate chance to be heard and denies forming a rival company and has so far seeked redress in labour court challenging his dismissal.

a) Discuss whether the termination of Bafana was substantively unlawful. (15 marks)

QUESTION 3

Analyse the role of management in the minimization and solution of conflict at workplace (10 Marks)