LRM4801 Advanced Labour Relations Management

Matthew made it to the final stage of the interview process to work as an editor at a prestigious publishing company. This has been his dream job since he graduated many years ago. Unfortunately, the HR Department informs Matthew that he did not get the job due to a lack of experience in comparison with other candidates competing for the job. Matthew is devastated but accepts the explanation provided by the HR Department. 

However, Matthew is then informed by a friend who works at the company that the position was offered to a young, not yet qualified, female student. 

Matthew is upset and confused. In reaching out to the HR Department again, he finds out that although they did not state so in their advertisement, the company favours hiring women over men.  The publishing company did not directly state that they only hire women, and this is more an unwritten policy that they believe serves to empower women.

Does this constitute discrimination and why, considering the Labour Relations Act and the Employment Equity Act? If this constitutes discrimination, would this be considered direct or indirect discrimination and why? (10 marks)

1. Considering the article and bargaining structures, which bargaining level do you believe the participants will be negotiating/bargaining at? Motivate your answer. (3 marks) 
2. Considering the four types of bargaining structures, which bargaining structure do you believe will be utilized in these negotiations? (3 marks) 
3. What is the name of the largest centralized bargaining structure in South Africa and how is this a useful structure within the South African labour environment? (4 marks)

Lethukuhle has been working at Empire Pharmaceuticals for just under a year as a representative of the Distribution Department on the Health and Safety Council. She is excited to share her ideas, as she feels she has the first-hand experience that will be useful in setting up specific solutions. 

After the usual introductions, the Council discusses measures of an efficient program and settles on a few basic markers of an effective health and safety plan.

• Proactively identify hazards in the workplace 
• Reactively solve existing issues 
• Be completely compliant with governmental legislation
• Eliminate or minimize the potential for injury, disease, and loss of life within the workplace 
• Limit financial losses that arise from the injury and disease 
• Include monitoring processes and procedures
• Elicit meaningful feedback and adjustments to the program where necessary 

Lethukuhle, as a representative of the Distribution Department, has been asked to outline the health and safety issues that the department struggles with and provide solution/s that she believes will work. These solution/s need to be in line with the current legislation as well as the markers the Council identified for efficient health and safety planning. 

Lethukuhle decides to focus on the two most imminent issues her department experiences; 

1. Illnesses being spread amongst staff members due to the fact that ill staff members come to work. 
2. A lack of communication and training on new policies. 

1. Outline a possible solution for each of the issues Lethukuhle’s department is experiencing. (2 marks)
2. Demonstrate how the suggested solutions align with the listed markers for efficient health and safety planning (6 marks), and with current legislation (2 marks).

Evaluate the role of BBBEE initiatives in South African organisations and the means by which successful transformation can be instituted.

Ensure that you cover the following topics in your essay:

• Introduction (3 marks)
• Discuss the positive and negative role/s of BBBEE initiatives in the South African context (6 marks)
• Make recommendations on how the implementation of BBBEE initiatives may be improved in the future (6 marks)
• Conclusion (3 marks)
• Reference list (2 marks)

Use at least four sources (books, articles, etc.) other than your prescribed study material. Make use of the appropriate referencing style to reference sources (APA referencing style). You may download the BMT College Referencing Guide from the Virtual Campus.