QUESTION 4

Amandanis Aero (Pty) Ltd (AA) and Workers Union (WU) have reached a stalemate during wage negotiations. WU demanded a 7% wage increase across the board, whilst AA offered 3%. On the one hand, in support of its wage increase demand, WU mentioned the high food and fuel prices. WU further argued that the employer's offer was way less than the consumer price index (the CPI). On the other hand, the employer baldly argued affordability as its challenge, but refused to share the business financial statements. WU condemned AA's approach as egocentric and in bad faith towards the toiling employees. Answer the following questions:

(a) With reference to the relevant legal authority, discuss whether South African labour law requires parties to bargain in good faith? (8)

(b) Assume that, in retaliation to what they call bad faith bargaining by the employer, WU members continue to work at a slow pace daily. With reference to the relevant legal authority, discuss whether WU's slow-paced strategy amounts to a strike? (5)

(c) Discuss instances under which WU employees may not be allowed to strike? (12) [25]