Question 4 (Marks: 30)

Q.4.1 Amanda owns a shop, Excellent Entertainment Event Supplies. The employees approached her on Monday 25 November 2019 with the demand of a 12% increase to their salaries for 2020. Amanda declined this demand. The employees immediately stopped working and gathered outside the shop entrance, dancing and chanting in an attempt to dissuade customers from entering the shop to do business until Amanda agrees to the 12% salary increase.

Answer the following questions:

Q.4.1.1 Advise Amanda what the legal consequences are for the actions of these employees and, furthermore, what action she can take against them. (10)

Q.4.1.2 One of the employees contacts the political party Economic Freedom Fighters ('EFF') and tells them that they are being (10)

Members of the EFF then gathered on several occasions in front of the entrance to the retail outlet in protest against the socio-economic situation of the employees.

Explain whether this would be considered to be protest action under the LRA if the employees were to leave the building and join the EFF's demonstration.

Q.4.2 John is permanently employed in a butcher shop and one day, while slicing through large parts of meat with a meat saw, he checks his cell phone whilst operating the machine and is momentarily distracted. As a result, his hand slips and the meat saw cuts off half of his right index finger.

Q.4.2.1 Advise John whether he is entitled to any compensation in terms of labour legislation. (6)

Q.4.2.2 List any three categories of persons who would be excluded from claiming compensation in terms of the labour legislation applicable to John/s situation. (3)

Q.4.2.3 Which category of employees used to be excluded from claiming compensation in terms of this Act but have recently been included in the application of the Act? (1)