QUESTION 4 [20 Marks]

It has been observed by several scholars that South Africa is one of the most unequal societies in the world. The glaring inequalities are a legacy of the Apartheid system. At the dawn of democracy, the newly elected government, in 1994, sought to redress the injustices of the past through a number of legal and policy measures such as "Affirmative Action". Affirmative action is not only an economic policy but has been extended to other sectors as well. Bearing this in mind, critically discuss the imperativeness of this policy in the workplace. In your discussion, outline the constitutional and legislative basis of Affirmative Action. You may refer to the equality clause, affirmative action clause, and anti-discrimination clause.

QUESTION 5 [20 Marks]

Outline the collective bargaining process as set out in the Labour Relations Act (LRA). In your answer, deal extensively with the issue of duty to bargain, who is bound by a bargaining agreement, and what structures are used for bargaining.

QUESTION 6 [20 Marks]

Critically discuss the various ways in which an employment relationship may be terminated. Provide practical examples that will strengthen your answer.

QUESTION 7 [20 Marks] Provide a critical discussion on the factors that may be used to justify a summary dismissal in terms of South African labour law. Support your answer with relevant examples.