Labour Law Multiple Choice Questions With Answers PDF

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QUESTION 1 Which one of the following statements regarding the formation of a valid contract of employment is correct? (a) If a contract of employment meets all the requirements for a valid contract such contract comes into existence upon its conclusion.✓ Statement (a) is correct. If a contract of employment meets all the requirements for a valid contract such contract comes into existence immediately, upon its conclusion. (b) A contract of employment must be in writing in order to be valid. Statement (b) is incorrect. There are no formalities for the formation of a valid contract of employment. Therefore a contract of employment does not have to be in writing in order for it to be valid. (c) Where parties agree that the existence of a contract of employment depends on a ‘resolutive condition’ the contract comes into existence when the condition is fulflled. Statement (c) is incorrect. Where parties agree that the existence of a contract of employment depends on a ‘resolutive condition’ the contract comes into existence immediately but it will automatically terminate if the condition is not fulflled. (d) Where parties agree that the existence of a contract of employment depends on a ‘suspensive condition’ the contract comes into existence immediately but it will automatically terminate if the condition is not fulflled. Statement (d) is incorrect. Where parties agree that the existence of a contract of employment depends on a ‘suspensive condition’ the contract will only come into existence when the condition is fulflled.

QUESTION 2 Which one of the following statements with regards to the BCEA is incorrect?

(a) The BCEA establishes and enforces basic, minimum conditions of employment. ✓ Statement (a) is correct. Minimum conditions may, however, be varied by collective agreement, and sectoral or ministerial determinations. (b) The BCEA regulates the variation of minimum conditions within a framework of ‘regulated fexibility’. ✓ Statement (b) is correct. The concept ‘regulated fexibility’ attempts to strike a balance between employees’ interest in their work security and employers’ interest in workplace fexibility. (c) The BCEA ensures decent work for all workers including children. ✓ Statement (c) is correct. Decent work is a concept from the ILO which South Africa (as a member state) has embraced. (d) The BCEA is applicable to all employees. Statement (d) is incorrect. Certain employees are excluded, for example, members of the National Defence Force, members of the State Security Agency, unpaid volunteers working for charities and independent contractors.

QUESTION 3 Which one of the following statements regarding afrmative action is incorrect? (a) Afrmative action measures create a right to be appointed or promoted to a post. Statement (a) is incorrect. Afrmative action measures do not create a right to be appointed or promoted to a post. It can only be used as a defence against a claim of unfair discrimination. (b) Afrmative action measures must promote the achievement of equality. ✓ Statement (b) is correct. Section 1 of the Constitution states that the achievement of equality is a founding value of the country. Afrmative action

measures under the EEA are an example of this endeavour to achieve equality. (c) Afrmative action measures must enhance diversity in the workplace. ✓ Statement (c) is correct. The Preamble of the Constitution states that South Africa belongs to all who live in it united in its diversity. The EEA confrms that afrmative action measures must include measures to further diversity in the workplace. (d) Afrmative action measures must include skills development strategies.✓ Statement (d) is correct. There is a serious skills shortage in South Africa. The EEA addresses and emphasises this in stating that afrmative action measures must implement appropriate training measures, including measures for skills development.

QUESTION 4 With regards to an unfair labour practice, which one of the following statement is incorrect? (a) An unfair labour practice can only take place while the employee is still in employment, and therefore, an unfair dismissal can never be an unfair labour practice.✓ Statement (a) is correct. An unfair labour practice can only take place while an employee is still in employment, and therefore, an unfair dismissal can never be an unfair labour practice. (b) Disputes about unfair labour practices must be referred in writing to a bargaining council or, if no council has jurisdiction, to the CCMA. ✓ Statement (b) is correct as disputes about unfair labour practices must be referred in writing to a bargaining council or, if no council has jurisdiction, to the CCMA. (c) The right to fair labour practices in terms of the Constitution is limited to the list of actions included in the defnition of an unfair labour practice and it only protects workers who fall within the defnition of an employee.

Statement (c) is incorrect. The right to fair labour practices in terms of the Constitution is wide and it protects ‘everyone’ in other words, workers who are not employees in terms of the LRA, are also protected. (d) If the employer acts unfairly towards the employee as far as the provision of training is concerned, it will amount to an unfair labour practice. In order to prove that the employer acted unfairly, the employee will have to prove that the employer failed to act when she/he expected the employer to do so with regard to training. ✓ Statement (d) is correct. If the employer acts unfairly towards the employee as far as the provision of training is concerned, it will amount to an unfair labour practice. In order to prove that the employer acted unfairly, the employee will have to prove that the employer failed to act when she/he expected the employer to do so with regards to training.

QUESTION 5 Under which of the following circumstances will a claim from the UIF not be allowed? (a) An employee is currently unemployed and receives no salary. Constitute situation where a claim can be instituted in terms of the UIA. (b) An employee is on adoption or maternity leave. Constitute situation where a claim can be instituted in terms of the UIA. (c) An employee loses his job as a result of resignation.✓ Statement (c) is correct since an employee is not allowed to claim from the UIF if she/he resigns. (d) A person loses income as a result of the death of a breadwinner. Constitute situation where a claim can be instituted in terms of the UIA.

QUESTION 7 Which one/more of the following statements is correct about a transfer of a business as a going concern? (a) An employee who resigns after the new employer provides him with terms and conditions that are substantially less favourable than what he had with the old employer will be able to show that he was dismissed. ✓ Statement (a) is correct. According to section 186(1)(f) dismissal means that an employee terminated employment with or without notice because the new employer, after a transfer in terms of sections 197 or 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer. (b) An employee will be entitled to remain a benefciary of the same pension fund after a transfer of a business as a going concern. Statement (b) is incorrect. Section 197(4) read with section 197(2) do not prevent an employee from being transferred to a pension, provident, retirement or similar fund other than the fund to which the employee belonged prior to the transfer if the criteria in section 14(1)(c) of the Pension Funds Act are satisfed. (c) It is automatically unfair to dismiss an employee for a reason related to a transfer of a business as a going concern.✓ Statement (c) is also correct. Section 187(1)(g) determines that a dismissal is automatically unfair if the reason for the dismissal is a transfer, or a reason related to a transfer, contemplated in sections 197 or 197A. (d) When an insolvent business is transferred as a going concern, all rights and obligations between the old employer and employees will be regarded as rights and obligations between the new employer and employees. Statement (d) is incorrect. In terms of section 197A(2)(b) all the rights and obligations between the old employer and each employee at the time of the transfer remain rights and obligations between the old employer and each employee.

QUESTION 7 Identify the correct statement: (a) It will constitute an automatically unfair dismissal where an employee is dismissed after participation in an unprotected strike. Statement (a) is not correct because dismissal after an unprotected strike is allowed as it breaches the contract of employment. (b) It will constitute an automatically unfair dismissal where a lesbian employee is dismissed for insubordination. Statement (b) is incorrect because the employee was not dismissed for being lesbian but for insubordination. (c) It will constitute an automatically unfair dismissal where an employee is dismissed after making a protected disclosure. ✓ Statement (c) is correct. (d) It will constitute an automatically unfair dismissal where an employee is dismissed after the employee admitted he was guilty of misconduct. Statement (d) is incorrect because a dismissal for misconduct will not be automatically unfair even if the employee confessed to it.

QUESTION 8 Identify the incorrect statement: (a) There are two categories of incapacity, namely, ‘poor work performance’ and ‘ill health or injury’. ✓ Statement (a) is correct. (b) A dismissal for poor work performance normally implies that there must be an objective standard of performance against which the employee can be measured. ✓ Statements (b) is correct.

(c) Dismissal for poor work performance should always be the last resort and where possible, alternative employment should be ofered. ✓ Statement (c) is correct. (d) In the case of an employee employed for a probationary period, the employer need not follow a fair procedure where the work of the probationary employee is not satisfactory. Statement (d) is incorrect. Even an employee on probation must be dismissed in terms of a fair process if her/his work performance is not satisfactory.

QUESTION 9 With regard to agency shop agreements, which one of the following statements is incorrect? (a) Only non-union members and members of a minority trade union, are obliged to pay the agency fee. ✓ Statement (a) is correct because only non-union members and members of minority trade union are required to pay agency fees. (b) Agency fees paid to the trade union may be used for any purpose, such as a fnancial contribution to a political party. Statement (b) is incorrect. In terms of section 25 of the LRA, agency fees may not be paid to a political party. (c) A trade union which enters into an agency-shop agreement, must be registered in terms of the LRA. ✓ Statement (c) is correct because only registered trade union(s) can enter into agency shop agreements. (d) A trade union or two or more trade unions acting together, wishing to enter into an agency shop agreement, must represent the majority of all employees in the workplace. ✓

QUESTION 10 In terms of section 64(2) of the LRA, a refusal to bargain includes: (a) the employer’s refusal to recognise an employee as a bargaining agent. Statement (a) is incorrect because an employee is not a bargaining agent. (b) the employer’s refusal to recognise a trade union as a bargaining agent. ✓ Statement (b) is correct. Refusal to bargain includes the employer’s refusal to recognise a trade union as a bargaining agent. (c) the employer’s refusal to recognise a workplace forum as a bargaining agent. Statement (c) is incorrect because a workplace forum is not a bargaining agent. (d) the employer’s refusal to recognise a bargaining council as a bargaining agent. Statement (d) is incorrect because a bargaining council is not a bargaining agent. Only trade union(s), an employer, or employers’ organisations are bargaining agents.

QUESTION 11 Which one of the following statements regarding workplace forums is correct? (a) A workplace forum is a juristic body. Statement (a) is incorrect because unlike a trade union which is a juristic body, a workplace forum is not a juristic body. (b) A workplace forum deals with wage-related issues. Statement (b) is incorrect because workplace forums do not deal with wage related issues but with issues not related to wage issues.

(c) A workplace forum can call strike action for its members. Statement (c) is incorrect because since a forum is not a juristic body; it cannot call strike action for its members. (d) Managerial employees cannot be members of a workplace forum. ✓ Statement (d) is correct. Managerial employees are excluded from workplace forum membership.

QUESTION 12 Which one of the following statements regarding strikes is correct? (a) An issue in dispute must be referred to the Labour Court for adjudication. Statement (a) is incorrect. (b) An individual employee may engage in a strike action. Statement (b) is incorrect. (c) At least 48 hours’ notice must be given to the employer before the commencement of a strike. ✓ Statement (c) is correct. At least 48 hours’ notice must be given to the employer before the commencement of a strike. An issue in dispute must be referred to a bargaining council or the CCMA for conciliation. Although the right to strike is granted to every worker, an individual employee cannot engage in a strike. The defnition of a strike requires that the action must be concerted. Although the right to strike is protected by the Constitution, it can be limited in terms of law of general application such as the LRA. (d) The right to strike is protected by the Constitution and therefore it cannot be limited. Statement (d) is incorrect

QUESTION 13 Which one of the following statements is correct? (a) A picket may only be used to oppose an unprotected lock-out. (b) An unregistered trade union may authorise a picket. (c) Picketers may chant slogans and dance.✓ (d) A picket may only be held on the employer’s premises. Statement (c) is correct. Picketers may chant slogans and dance as long as their action is peaceful. A picket can also be used in support of a protected strike or to oppose a protected or unprotected lockout. A picket can only be authorised by a registered trade union. A picket can be held in any place to which the public has access, but outside the premises of the employer or with the permission of the employer, inside the employer’s premises.

QUESTION 14 Which one of the following statements about employees placed by a TES/ labour broker is correct? (a) The employee who performs a ‘temporary service’ for the client is considered to be the employee of the TES/labour broker. Statement (a) is correct. The employee who performs a ‘temporary service’ for the client is considered to be the employee of the TES/labour broker. ✓ (b) The ESA prohibits the use of labour brokers in the workplace. Statement (b) is incorrect. The ESA regulates these but do not prohibit the use thereof. (c) The purpose of the deeming provision is to give the employee a choice whether to work for the client or labour broker. Statement (c) is incorrect. The purpose of the deeming provision is not to award the employee a choice between employers. In terms of the Assign

Services case the deemed provision creates a statutory transfer of the contract and the employee does not have a choice in the matter. (d) The TES/labour broker is has no statutory obligations towards the employee. Statement (d) is incorrect. The TES/labour broker is responsible for its statutory obligations regarding the placed worker for as long as the employment relationship exists....