Constitutional Rights
Rights under LRA
Closed/Agency Shop Agreements
Wild Card
100

Which section of the Constitution guarantees fair labour practices?

Section 23

100

Can an employer prohibit union membership?

No (Section 5(2)(a) prohibits this).

100

What is a closed shop agreement?

Requires all employees to join a majority union (Section 26(1)).

100

What is collective labour law?

Rules regulating unions, employers, and the state.

200

Name two rights protected under Section 23(2) of the Constitution.

Right to form/join a trade union; right to strike.

200

Define "employers’ organisation" under the LRA.

Employers associated (binding together) to regulate labour relations (Section 213).

200

What majority vote is needed for a closed shop?

2/3 in a ballot

200

Can agency fee deductions be made without employee consent?

Yes.

300

Which case confirmed that "everyone" in Section 23 includes employers?

NEHAWU v University of Cape Town.

300

What happens if a Trade Union fails to keep financial records?

Registration may be cancelled.

300

How does an agency shop differ from a closed shop?

Non-members pay a fee but don’t join the union.

300

What is Section 22’s constitutional right?

Right to choose a trade/occupation.

400

Which LRA sections give effect to freedom of association?

Sections 4–10.

400

Name two requirements for TU/EO registration.

Non-misleading name; constitution meeting LRA standards., not for improper purpose, independent, address in SA

400

How must the agency fee be used?

For socio-economic employee interests (not general union funds).

400

Which case ruled that military members lack LRA rights?

SA National Defence Union v Minister of Defence (1999).

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