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MODULE NAME: MODULE CODE:

INDUSTRIAL RELATIONS INRL6221/w
INDUSTRIAL RELATIONS INRL6211/d/e/f/p/w
INDUSTRIAL RELATIONS INRE6312

ASSESSMENT TYPE: TAKE-HOME EXAMINATION (PAPER ONLY)

TOTAL MARK ALLOCATION: 120 MARKS
TOTAL TIME: This assessment should take you 2 Hours to complete, however
you have 21 Hours (midnight to 9PM on the same day) to
submit. This additional time has been allocated to allow for the
download, completion and upload of your submission.
By submitting this assessment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in
the Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the
student portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this
assessment. Any contraventions of this will be handled as per disciplinary procedures in
The IIE policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is
a direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced and this must be done using the IIE
Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open‐book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
a. Complete your responses in an MS Word document.
b. The document name must be your name, student number and Module Code.
c. Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
 You need to complete your questions in your own handwriting on paper.

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 Ensure that all your pages are numbered on the top right hand side of the page – e.g. 1 of
12.
 Please work neatly, write clearly and ensure that your questions are clearly numbered in a
coherent order so that you do not lose marks because your lecturer cannot read your
handwriting or cannot follow the orderly flow of your questions in the paper.
 Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in the
correct order.
 Label your photographs or scanned paper as follows: Name, Student Number, Module
Code and Page 1; (for each page in the event that you are scanning photographs or
separate scanned pages. Where you scan the whole paper all at once, you need only use
this label once). It is also suggested that you write your name, student number and
module code at the top or bottom of your pages.
 Once you have completed the assessment, upload your document under the submission
link in the correct module in Learn.
 When referencing according to the IIE Referencing Guidelines in your own handwriting,
keep some space at the bottom of each page to write in your footnotes as if you were
inserting them using MS Word and remember to include a written bibliography at the end
of your paper.

Additional instructions:
 Dictionaries and calculators are allowed.
 For multiple‐choice questions, give only one (1) response per question. The marker will
ignore any question with more than one answer, unless otherwise stated. You should,
therefore, be sure of your answer before committing it to paper.
 Show all calculations, where applicable (marks may be awarded for this).

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Referencing Rubric ____

Providing evidence based on valid and referenced academic sources is a fundamental educational principle and the
cornerstone of high‐quality academic work. Hence, The IIE considers it essential to develop the referencing skills of our
students in our commitment to achieve high academic standards. Part of achieving these high standards is referencing in a
way that is consistent, technically correct and congruent. This is not plagiarism, which is handled differently.
Poor quality formatting in your referencing will result in a penalty of a maximum of ten percent being deducted from the
mark awarded, according to the following guidelines. Please note, however, that evidence of plagiarism in the form of
copied or uncited work (not referenced), absent reference lists, or exceptionally poor referencing, may result in action
being taken in accordance with The IIE’s Intellectual Integrity Policy (0023).
Markers are required to provide feedback to students by indicating (circling/underlining) the information that best
describes the student’s work. Minor technical referencing errors: 5% deduction from the overall mark – the student’s
work contains five or more errors listed in the minor errors column in the table below.
Major technical referencing errors: 10% deduction from the overall mark – the student’s work contains five or more errors
listed in the major errors column in the table below. If both minor and major errors are indicated, then 10% is deducted
from the overall mark.
The examples provided below are not exhaustive but are provided to illustrate the error.
Required: Minor errors Major errors
Technically correct referencing style in technical correctness of referencing In technical correctness of referencing
style style
Deduct 5% from mark awarded Deduct 10% from mark awarded
Consistency Minor inconsistencies. Major inconsistencies.
The referencing style is generally Poor and inconsistent referencing style
consistent, but there are one or two used in‐text and/or in the bibliography/
The same referencing format has been
changes in the format of in‐text reference list.
used for all in‐text references and in the
referencing and/or in the bibliography. Multiple formats for the same type of
bibliography/reference list.
For example, page numbers for direct referencing have been used.
quotes (in‐text) have been provided for For example, the format for direct quotes
one source, but not in another instance. (in‐text) and/or book chapters
Two book chapters (bibliography) have (bibliography/ reference list) is different
been referenced in the bibliography in two across multiple instances.
different formats.
Technical correctness Generally, technically correct with some Technically incorrect.
minor errors. The referencing format is incorrect.
The correct referencing format has been Concepts and ideas are typically
Referencing format is technically correct
consistently used, but there are one or referenced, but a reference is missing from
throughout the submission.
two errors. small sections of the work.
Concepts and ideas are typically Position of the references: references are
referenced, but a reference is missing only given at the beginning or end of large

Position of the reference: a reference is from one small section of the work. sections of work.

directly associated with every concept or Position of the references: references are For example, incorrect author information

idea. only given at the beginning or end of every
paragraph.
For example, the student has incorrectly
presented direct quotes (in‐text) and/or
is provided, no year of publication is
provided, quotation marks and/or page
numbers for direct quotes missing, page
numbers are provided for paraphrased
material, the incorrect punctuation is used

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For example, quotation marks, page
numbers, years, etc. are applied correctly,
sources in the bibliography/reference list
are correctly presented.
Congruence between in‐text referencing
and bibliography/reference list
All sources are accurately reflected and
are all accurately included in the
bibliography/reference list.
In summary: the recording of references
is accurate and complete.
Overall Feedback about the consistency, technical correctness and congruence between in‐text referencing and bibliography:
© The Independent Institute of Education (Pty) Ltd 2021
book chapters (bibliography/reference
list).
Generally, congruence between the in‐text
referencing and the bibliography/
reference list with one or two errors.
There is largely a match between the
sources presented in‐text and the
bibliography.
For example, a source appears in the text,
but not in the bibliography/reference list
or vice versa.
In summary, at least 80% of the sources
are correctly reflected and included in a
reference list.
2021
(in‐text); the bibliography/reference list is
not in alphabetical order, the incorrect
format for a book chapter/journal article is
used, information is missing e.g. no place
of publication had been provided
(bibliography); repeated sources on the
reference list.
A lack of congruence between the in‐text
referencing and the bibliography.
No relationship/several incongruencies
between the in‐text referencing and the
bibliography/reference list.
For example, sources are included in‐text,
but not in the bibliography and vice versa,
a link, rather than the actual reference is
provided in the bibliography.
In summary, at least 60% of the sources
are incorrectly reflected and/or not
included in reference list.
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Question 1 (Marks: 30)

Labour relations is the term which refers the relationship between individual employees and
employers, as well as the relationship between collectives (trade unions, employers’ organisations,
and the state) and the individuals.
Q.1.1 Karl Marx, who dedicated his life to the furtherance of communism, suggested (4)
that capitalism established political and legal structures which favour
the employer.
Briefly discuss what Marx considered additional consequences of capitalism.
Q.1.2 Contrast the role of the employer with that of the employee in the employment (4)
relationship.
Q.1.3 There are various types of trade unions. (4)
Explain the role of an industrial union.
Q.1.4 Apply the the Basic Conditions of Employment Act (Section 83A) to determine (5)
whether the person described in the scenario below is an employee or an
independent contractor.
The following are extracts from Linda Mkhize contract:
 She is provided with a laptop and the appropriate accounting software.
 She will report to the finance manager.
 She will work a 5‐day week and 9‐hours per day.
Q.1.5 Discuss the common law duties of the employee. (5)
Q.1.6 Several external influences impact the labour relationship. Discuss the following of (8)
these influences:
 The economic dispensation
 The influence of trade unions

Question 2 (Marks: 30)

A contract of employment is defined as an agreement between 2 or more legal persons, in terms of
which one of the parties (the employee) undertakes to place his/her personal services at the
disposal of the other party (the employer) for an agreed period in return for a fixed or ascertainable
wage, and which entitles the employer to define the employee’s duties and to supervise the manner
in which the employee discharges them.

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Q.2.1 At common law a contract of employment which does not contain specific (6)
conditions relating to termination may be terminated due to a number of
reasons.
Discuss these reasons. In your discussion refer to the impact of the BCEA on
these reasons.
Q.2.2 The employment relationship is subject to several legal and statutory (5)
regulations.
Discuss the legal and statutory regulations that will impact an employee’s
conditions of employment.
Q.2.3 Read the description relating to organisational rights and answer questions
Q.2.3.1 and Q.2.3.2 below.
Four hundred (400) of ABC Electronics’ employees belong to the trade union
SAAWU. ABC Electronics employ a total of one thousand (1000) employees.
Q.2.3.1 Identify and describe SAAWU’s level of representation. (Provide a (4)
detailed reason for your decision).
Q.2.3.2 Which organisational rights will SAAWU qualify for? (6)
Q.2.4 Describe the essential elements of integrative bargaining. (5)
Q.2.5 Jack Smith works for an organisation that requires him to be a member of a (4)
trade union.
Discuss the legality of this, referring specifically to the provision that applies,
and how it is implemented.

Question 3 (Marks: 30)

The conclusion of a valid employment agreement between employer and employee creates a
reciprocal relationship based on rights and obligations for each party.
Q.3.1 Read the following description and answer the questions in Q.3.1.1 and Q.3.1.2
below.
Lulama Mbatha is one of your colleagues at Smart Designs. She tells you that her
direct manager Luke Naidu has repeatedly suggested that ‘they find a room to do
what comes naturally’. He has also bought her a range of inappropriate gifts,
which included condoms, as well as see‐through underwear.
Support your answers with the necessary motivation.
Q.3.1.1 Advise Lulama on the process to follow to formally bring her (10)
concerns to the owners of Smart Designs.

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In your discussion ensure that you do following:

 Define the process to be used by Lulama.
 Describe the process to be used.
Q.3.1.2 On completion of the process discussed in Q.3.1.1, the MD of (7)
Smart Designs decided to take disciplinary action against Naidu.
Advise the MD on:
 The specific charge, in your advice; and
 The process to follow.

Q.3.2 After hearing that Luke Naidu was dismissed, the trade union decided to go on (6)
strike in solidarity with Naidu.
Advise the trade union on the process to follow in order to ensure that the strike is
legal.

Q.3.3 The trade union has also decided to embark on a picket, to run concurrently with (4)
the strike.
Describe the 4 objectives of a picket.

Q.3.4 The trade union and Smart Designs decided to negotiate the rules that will apply (3)
to the picket.
Describe expert power as a form of power within negotiation.

Question 4 (Marks: 30)

Write a short essay of no more than one page or 200 words on the topic:
 Plant‐level committees or councils as forms of worker participation.
Ensure that you follow the guidelines highlighted in the rubric below.

END OF PAPER

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CRITERIA Low level of Achievement
Content 0–12 Marks
 Some facts are p rovided;
 Facts are not all clear and correct;
 Student demonstrates a basic
understanding of the topic;
 Some information is relevant and
presented in a logical order.
Organisation 1 Mark
of Content
 No introduction is present/ the
introduction states the main topic
and does not give a good overview
of the essay or does not link well to
the rest of the essay;
 No conclusion included/ a
conclusion is included but is not a
satisfactory synopsis of the
argument/ deductions are weak.
Sentence 0 Mark
Structure;
 Some sentences are well
Grammar
and
constructed;
Spelling  The student makes several errors in
grammar and/ or spelling that
interfere with understanding.
© The Independent Institute of Education (Pty) Ltd 2021
Medium level of Achievement
13–19 Marks
 Some facts are provided;
 Facts are clear and well‐ focused,
but are not supported by detailed
information;
 Student demonstrates an informed
understanding of the topic;
 Most information is relevant and
presented in a logical order.
2 Marks
 The introduction states the main topic
and provides an overview of the
essay and link with the rest of the
essay;
 A conclusion is included and it
provides a satisfactory synopsis of
the argument/ deductions are
satisfactory.
1 Marks
 Most sentences are well constructed;
 The student makes a few errors in
grammar and/or spelling, but they
do not interfere with understanding.
2021
High level of Achievement
20–25 Marks
 Most facts are provided;
 Facts are clear and well‐ focused and are
well supported by detailed and accurate
information;
 Student demonstrates detailed
understanding of the topic;
 Information is relevant and presented in a
logical order.
3 Marks
 The introduction is inviting, states the main
topic, and provides an overview of the
essay and link well with the rest of the
essay;
 The conclusion is strong.
2 Marks
 All sentences are well constructed;
 The student makes no errors in grammar
and/or spelling.
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