Mercantile Law Case Study - Law Assignment Help

Assignment Task

Jane is Trade Union A’s shop steward at the Johannesburg factory. Zorba, on the other hand, belongs to Trade Union B and wishes to acquire the “right for the election of a trade union representative” and to receive relevant information for Trade Union B at the Pretoria factory. However, Zorba has no knowledge regarding whether they qualify for, and how to gain any of the trade union rights at their workplace. Trade Union A has been negotiating for higher wages with the Employer for two months. Jane has become more-and-more aggressive in her behaviour of late. She destroyed the Employer’s name boards at the entrance of the Johannesburg factory. Primrose is dismayed about this and she orders their Human Resources Division to “fire Jane on the spot” to teach Trade Union A, a lesson. Jane is uncertain regarding the applicable principles about her alleged unfair dismissal. She wants to instruct a senior advocate to represent her all the way during all of the processes to be followed in the resolution of her dispute. Trade Union A is highly upset about Jane’s dismissal and they call out a strike. They demand that Jane must be reinstated. They followed the letter of the law and referred a labour dispute to the CCMA. A certificate of non-resolution has been issued and Trade Union A gives 48 hours’ written notice about the strike. The members of Trade Union B join Trade Union A’s strike. The members of Trade Union B overturn Primrose’s company vehicle and set it alight. Primrose is furious as Trade Union B has not submitted any referral of a dispute to the CCMA and they have committed serious acts of misconduct. She is aware of the constitutional right to strike, but she intends to dismiss Trade Union B’s members who engaged in the strike. However, she insists that she will not be consulting with Trade Union B before dismissing the workers as Trade Union B has not been allocated organisational rights. There is a measure of uncertainty amongst the parties whether this is a permissible strike in terms of the Labour Relations Act. Answer the following questions by submitting your answer sheet in the form of a professional legal document as explained in the instructions. Your answer must be completed in one document, but under two subheadings. Each student must add one bibliography at the end of the answer sheet that refers to the sources referred to under both parts.

Part A Primrose approaches you for advice. Advise her about Trade Union B’s right to strike, the consequences that may flow from the strike and the Employer’s right to dismiss Trade Union B’s members for engaging in the strike. 

Part B Advise Jane about her unfair dismissal case, including her right to legal representation. However, she does not request any advice on the issue of the onus of proof.

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