a) According to labor laws, employees have the right to unionize and form a trade union to collectively bargain for their rights and benefits. The threshold required to unionize may vary depending on the jurisdiction, but generally, there is no fixed number of signatures or employees required. In this case, Dambe has obtained signatures from 30 out of 40 employees, which is a significant majority and may be considered sufficient to fulfill the threshold requirement.
b) Whether the Industrial Court has jurisdiction to hear the matter and if it is the right place to bring this case depends on the specific labor laws and regulations of the jurisdiction in which the company operates. It is advisable to consult a local labor law expert or attorney to determine the appropriate legal forum for addressing this matter.
c) Five rights of employees in the employment relationship typically include:
1. Right to fair wages and compensation: Employees have the right to receive fair remuneration for their work, including minimum wage requirements and payment for overtime.
2. Right to a safe and healthy work environment: Employees have the right to work in an environment that is free from hazards, with necessary safety measures in place.
3. Right to rest and leave: Employees have the right to rest periods, holidays, and annual leave as provided by labor laws and employment contracts.
4. Right to non-discrimination: Employees have the right to be treated fairly and without discrimination based on factors such as race, gender, religion, or disability.
5. Right to join a trade union: Employees have the right to join and participate in trade unions for collective bargaining and protection of their rights and interests.
Dambe is a truck driver at Van Vyk Trucking & Co. After realising that the employees of the company are not treated fairly, Dambe decides to start a new Trade Union, named "Van Vyk Truckers Union." Dambe also decides to try and unionise the employees of the company. Dambe writes a letter requesting Van Vyk Trucking & Co to recognise the trade Union. The letter has the signature of 30 employees out of 40 employees in the company. It appears 25 of the employees who sign are truck drivers and 10 of the employees are office cleaners. Van Vyk Trucking and Co responds to Dambe in writing stating that "We do not want to deal with Trade Unions. There is nothing wrong with one-on-one relations." They refuse for the Employees to Unionise. They also write "you have not reached the thresh-hold required to unionise." Dambe is concerned about the response received, and approaches you for legal advice a) Advise Dambe on Van Vyk Truckers Union’s rights regarding Unionising, and whether they have reached the threshold required to Unionise. b) Advise Dambe of whether the Industrial Court has jurisdiction to hear the matter, and also if is the right place to bring this case to be heard. c) Give any five (5) rights of employees in the employment relationships?
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