CASE STUDY 1 Read the case below/ scenario and answer the questions that follow: In the CCMA arbitration case of Mashinini v Barrel & Beef restaurant; the Applicant, Mashinini, had been dismissed by the Respondent restaurant employer after an altercation. In his evidence the primary Respondent witness testified in the arbitration hearing that he was on the till, as there had been a number if till shortages, when he overheard the Applicant shouting at another employee. He went to the kitchen, where he saw the Applicant pointing a finger in the face of a co-worker and he got in between them to defuse the situation. The Applicant then threatened and pushed him, whereafter, as he was the superior. He informed the Applicant that he could pack his stuff and leave. The applicant in his evidence testified that the employee that he had originally confronted had pushed him and hit him with a wooded bill holder, due to a customer having complained about his service as a waiter. The applicant continued that the Respondents witness had then appeared and had used his knee to hit him in his private parts; so, he had pushed him away. On advising the Respondents manager that he intended opening a case against him; he was told to leave. The Commissioner hearing the arbitration found the Applicant to be a reliable witness and further found that not only had the Applicant been unfairly dismissed but that he had also been assaulted by two members of the Respondents staff in the process.

Question 1 Is there a dispute in the case study above? (1)

Question 2 Explain the dispute resolution processes in accordance with Labour Relations Act 66 of 1995. (6)

Question 3 Discuss the substantive and procedural fairness set out in the Labour Relations Act 66 of 1995. (10)

Assessment compiled by Dr Thatayaone Modisenyane and approved by Dr Leon Moolman

CASE STUDY 2 Read the case below/ scenario and answer the questions that follow: One of the landmark evergreen cases on mediation took place between Mercedes Benz South Africa and the National Union of Metalworkers of South Africa (NUMSA in 1989). The former Independent Mediation Services of SA (IMSSA) and Tokiso Dispute Settlement (the agency) facilitated the process. In this case, the relationship between Mercedes-Benz and NUMSA had been very strained and difficult for a number of years. IMSSA became involved with the parties when it mediated a dispute over the termination of the employment of certain union members, who were found to have participated in acts of misconduct during a demonstration in the plant. The dispute was settled through mediation and, in terms of the settlement agreement, the parties committed themselves to an RBO exercise to set their relationship on a new footing. A team of five IMSSA mediators ran the process. At an initial site visit at a Mercedes-Benz plant, they found workers with wooden AK47s on their backs. At lunchtime, there were mock bayonet charges on effigies of management. White supervisors were carrying real weapons and the atmosphere on the shop floor was one of deep antagonism and hostility. This was the late 1980s, and the political climate was still highly oppressive. The RBO took place at a neutral country hotel venue, over four days. The company was represented by its chairman, numerous board members and 40 other managers from various levels in the company. The union was represented by two senior fulltime union officials and 30 shop stewards from various plants around the country. The team of mediators constructed a mini-parliament and the parties engaged each other on a range of matters of concern to them, including: compliance with the recognition agreement, racial discrimination, political issues, selection, training and development of employees, consultation and participation by employees in decision making within the company, etc. Assessment compiled by Dr Thatayaone Modisenyane and approved by Dr Leon Moolman

Question 1 Was there a mediation processes considered prior to termination of employment of certain union members? Explain (5)

Question 2 Discuss the role of the mediator in the dispute resolution processes. (4)

Question 3 Indicate and explain methods and approaches to mediation. (4)

Question 4 Section 188 of the Labour Relations Act states that a dismissal will be unfair if the employer cannot prove it. Discuss the concept of no-fault termination in accordance with Labour Relations Act 66 of 1995. (4)

CASE STUDY 3 Read the case below/ scenario and answer the questions that follow: In 2012, Woolworths stopped employing full-time staff, as that arrangement proved too inflexible for its business. Instead, all new employees were appointed as flexi time workers. On 4 August of that year the company instituted what it called a voluntary phase, during which management consulted with the full-timers as individuals. On 23 August the South African Commercial Catering and Allied Workers Union (SACCAWU), which represented about 15 per cent of Woolworths employees, challenged what it termed the unilateral action by management. Woolworths claimed that it had not been their intention to retrench during the voluntary phase and therefore consultation with the union had not been required. In the end, 413 of the 590 full-timers accepted one of the alternatives, while 177 rejected the proposals. The voluntary phase ended on 4 September. Assessment compiled by Dr Thatayaone Modisenyane and approved by Dr Leon Moolman

Question 1 Was there a consultation process required by Woolworths management before considering retrenchment? (1)

Question 2 Identify and explain alternative measures that could have been considered by Woolworths prior to retrenchment of employees. (5)