Description
LRM3701 October/November 2024 | Due 31 October 2024.
Read the case study in this link, and argue whether or not these employees have participated in a strike action. 2. NEGOTIATIONS (5 MARKS)
Read the following case study and answer the question that follows.
Underground sit-in at Sibanye’s Kroondal platinum mine ends as workers return to surface
TimesLIVE reports that the illegal underground sit-in by employees at Sibanye-Stillwater’s Kroondal mine ended on Wednesday afternoon with all workers returning to the surface.
“Now that the illegal sit-in has been resolved, the company will engage with employees and the representative unions in accordance with existing, standard processes and mechanisms,” the company said in a statement. More than 200 miners staged an underground protest from Monday onwards over annual payments under the employee share option schemes (ESOPs) being paid to beneficiaries of the company’s Rustenburg and Marikana mines on Friday. The striking Kroondal employees were aggrieved as they did not receive ESOP payments. However, the company said they did not yet qualify for payments. “The company will not condone illegal actions by any stakeholders which may compromise the safety and wellbeing of employees or the sustainability of our operations and we appeal to employees to use the established grievance mechanisms or their union representatives to address any issues or concerns,” Sibanye indicated. Explain which negotiation tactic would you link to these employees’ behaviour in the case study? [5 marks]3. DISMISSAL (20 MARKS)
Read the following case study and answer the question below:
Mercedes-Benz SA to lay off 700 workers in East London
The German-owned carmaker, Mercedes-Benz SA (MBSA), expects to retrench up to 700 employees at its East London assembly plant in response to falling global demand for its C-class sedan car range. The company will adjust production from three daily shifts to two, possibly as early as August. In a statement on Thursday, MBSA said it had begun consultations with employees and unions “in accordance with Section 189(3) of the Labour Relations Act”. The process, lasting up to 60 days, will include discussions on how to reduce manpower through early retirement, early severance and natural attrition. Based on this case, develop a retrenchment notice intended for the affected employees. [20 marks]
4. SOUTH AFRICAN LEGISLATION (10 MARKS)
Under topic 1, you had to analyse the scenarios. You then had to determine the legislation applicable to the scenarios and identify appropriate methods of dispute resolution, where necessary. You also had to share your answers with the group. For the portfolio: Make screenshots of all your responses under topic 1 and then insert the screenshots in your portfolio. [10 marks]
5. ETHICS (10 MARKS) Read the case study in this link, Based on your understanding of the ethics, what ethical guidelines would you apply to determine whether the employee’s decision was ethical. [10 marks]
6. DISMISSAL (25 MARKS)
The City of Tshwane has issued 38 dismissal letters to employees who participated in the unlawful and illegal strike
The City of Tshwane has drawn a line in the sand by issuing 38 dismissal letters last night to employees who participated in the unlawful and unprotected strike action. The strike, which was declared unlawful and unprotected by the Labour Court two weeks ago, has impacted service restoration turnaround times. The dismissed employees disregarded the court interdict and multiple ultimatums issued by the city manager to return to work. More dismissal letters will be issued to the striking employees. The City also issued 89 dismissal letters to electricity switching teams of regions 1 to 6 (except region 7) over the weekend for failure to perform their duties. The electricians claimed that they failed to execute their duties due to intimidation by striking colleagues. They were given a deadline of 11:00 today to give written responses in relation to alleged acts of intimidation and to identify those who allegedly intimidated them.
The City has noted that the Labour Court has not granted an order for contempt of court today against the South African Municipal Workers’ Union (SAMWU) for continuing to engage in the unlawful and unprotected strike action. Although a contempt of court order was not granted in the City’s favour, the court was scathing of the conduct of SAMWU’s leadership, including its failure to take responsibility for what the court has declared to be an unprotected and unlawful strike on 28 July 2023. The City will consult its attorneys on how best to respond to the judgement. Interestingly, the judgement does note the following: “The applicant (City of Tshwane) has not succeeded in obtaining the relief it seeks. However, the respondents (SAMWU) do not come to court with clean hands. As I have indicated, the terms of the answering affidavit are nothing less than mendacious. The Union has elected to abdicate its responsibility in the face of strike action that is clearly unprotected, and in the face of unlawful acts by its members that have prejudiced the rights of the ratepayers who pay their salaries”. Evaluate the fairness of the dismissal of the 38 unionists in terms of a substantive (10 marks) and procedural point of view (15 marks). [25 marks]
7. REFLECTION ON LRM3701 (15 MARKS) Reflect on your LRM3701 journey and explain the competencies (what you have learned) you think you have gained from this module by completing Assignments 01 (5 marks) and 02 (5 marks) and indicate (5 marks) whether these competencies will be relevant and enable you to perform the role of a labour relations practitioner in the world of work. [15 marks]
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