Test on South African Labour Law Overview

Question 1: Statutory control is primarily implemented to diminish the role of collective bargaining in the labour relations system.

A. Yes

B. No

Explanation: The study materials indicate that 'Collective bargaining' is a reason for statutory control, suggesting its promotion rather than its diminishment. The purpose of statutory control is to establish 'Fair labour practices', 'Equitable' conditions, and to 'Protect employees' and 'Protect employers' among other reasons, which includes facilitating collective bargaining, not reducing it.

Question 2: According to Chapter 1 of the Labour Relations Act (LRA), which of the following is listed as one of its overall purposes?

A. To create a framework for collective bargaining.

B. To bring democracy to the workplace.

C. To meet ILO requirements.

D. To promote the effective resolution of labour disputes.

Explanation: The study materials state that the overall purpose of the Labour Relations Act includes economic development, social justice, labour peace, and bringing democracy to the workplace. The other options listed are specific objectives, not overall purposes.

Question 3: Labour, as part of the tripartite alliance, plays a role in preventing conflict by helping workers understand their rights.

A. Yes

B. No

Explanation: The study materials state that Labour, in its role within the tripartite alliance, 'Can understand the laws and help workers to understand their rights' as a method of preventing conflict.

Question 4: Employees participating in a protected strike cannot be dismissed from their employment for taking part in that strike.

A. Yes

B. No

Explanation: Section 67 of the LRA (1995) states that employees cannot be dismissed for taking part in a protected strike.

Question 5: According to Section 66 of the LRA (1995), which of the following statements about secondary strikes is correct?

A. Secondary strikes are only permissible if they occur within the same workplace as the primary strike.

B. Employees participating in a secondary strike must comply with Sections 65 and 67 of the LRA (1995) to ensure it is a protected strike.

C. A secondary strike, also known as a wildcat strike, can be initiated to support workers in any industry sector, regardless of whether they are already on strike.

D. The primary purpose of a secondary strike is to protest against an employer's refusal to engage with the CCMA.

Explanation: Section 66 of the LRA states that secondary strikers must ensure they are following Sections 65 and 67 of the LRA (1995) to carry out a protected strike. Secondary strikes can occur in a different workplace or in the same industry sector, not exclusively the same workplace. A secondary strike is also called a sympathy strike, not a wildcat strike. The purpose is to support workers already on strike, not specifically to protest CCMA refusal.