QUESTION ONE: $(40$ Marks$)$

Collective bargaining has not been deemed as compulsory in South Africa; however, a trade union is entitled to embark on strike action in an attempt to force the employer to bargain with it$.$ In light of this statement and relevant legislation discuss:

$1\mathrm{.}1$ The concept and process of collective bargaining: $(8$ marks$)$

$1\mathrm{.}2$ The duty to bargain, you are required to make reference to ECCAWUSA v$.$ Southern Sun Hotel Interests $($Pty$)$ Ltd $[2000]4$ BLLR $404($LC$).(8$ marks$)$

$1\mathrm{.}3$ Industrial action in terms of:

$1\mathrm{.}3\mathrm{.}1$ Protected Strikes $(16$ marks$)$

$1\mathrm{.}3\mathrm{.}2$ Lock$-$outs $(8$ marks$)$

SECTION B: $[60$ MARKS$]$

Answer ANY THREE $(3)$ questions in this section:

QUESTION TWO: $(20$ Marks$)$

Discuss the various sources of labour law in South Africa.

QUESTION THREE: $(20$ Marks$)$

$3\mathrm{.}1$ According to Occupational Health and Safety Act $83$ of $1995,$ discuss the general duties of an employer towards workers, in your discussion outline the measures that need to be taken by an employer. $(14$ marks$)$

$3\mathrm{.}2$ List the general duties of a worker. $(6$ marks$)$

QUESTION FOUR: $(20$ Marks$)$

Mr Jacobs is contemplating selling his logistics business however he is concerned about the consequences that may arise for his staff.

Advise Mr Jacobs on the duties placed on him in terms of section $197$ of the Labour Relations Act $66$ of $1995.$

QUESTION FIVE: $(20$ Marks$)$

Identify and discuss the various bargaining structures that exist in the South African workplace.

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