BCEA
What is the maximum weekly working hours under the BCEA?
45 hours.
Can an employer dismiss an employee for participating in a protected strike?
No, unless for misconduct during the strike.
What is a "closed shop" agreement?
Requires all employees to join a union
Can essential service workers strike?
No
What is the "no work, no pay" rule?
Employees on strike/lock-out are not entitled to wages
What is the rate for overtime work?
1.5 times normal wage (or time off by agreement).
What is "constructive dismissal"?
When an employer makes conditions intolerable, forcing the employee to resign.
What are "peace clauses" in collective agreements?
Terms prohibiting strikes/lock-outs during the agreement’s lifespan.
What is the notice period for a secondary strike?
7 days (14 days for retrenchment disputes).
A worker is dismissed for refusing to do a strikers’ job. Is this fair?
No, unless the job consists of preventing danger to life
How much maternity leave are employees entitled to?
4 months unpaid
List three grounds for automatically unfair dismissal.
Pregnancy, union membership, race/gender discrimination.
Name two organisational rights under the LRA.
(1)Access to workplace (2) deduction of membership fees from salaries (3) election of trade union representatives (shop stewards) (4) trade union office-bearers granted leave (5) access to information
What is the constitutional basis for the right to strike?
Section 23(2)(c) of the Constitution
An employee earning R300,000/year is dismissed. Can they claim unfair dismissal?
Yes, if they meet the definition of an employee (income threshold excludes BCEA protections, not LRA rights)
List three categories of workers excluded from BCEA protections.
Independent contractors, military personnel, employees earning above the threshold.
What is the difference between procedural and substantive fairness?
Procedural: Fair process (e.g., warnings, hearings). Substantive: Valid reason (e.g., misconduct).
What is the purpose of a workplace forum?
Facilitate joint decision-making
What is "protest action" under S77 LRA?
Work stoppage for socio-economic (not employment) demands
What is the time limit for conciliation? (when considering a strike)
30 days from referral
What is the current income threshold for BCEA exclusions (2025)?
R261,748.45 per annum.
What are the three steps to determine unfair dismissal?
(1) Is the person an employee? (2) Was there a dismissal? (3) Was it fair?
Who is bound by a bargaining council agreement?
All parties to the agreement and their members (can be extended by the Minister).
What are the four elements of a strike?
(1) Concerted refusal to work, (2) by employees, (3) to resolve a dispute, (4) about mutual interest.
What did NK v Minister of Safety & Security (2005) establish?
Employers are vicariously liable for employees’ delicts during work