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ELL812S - EVIDENCE IN LABOUR LAW - 1st Opp - NOV 2023 |
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nAmlBIA UnlVERSITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: BACHELOROF EMPLOYMENTAND LABOURRELATIONSHONOURS
QUALIFICATIONCODE: 08 BERH
LEVEL: 8
COURSE CODE: ELL812S
COURSE NAME: EVIDENCEIN LABOURLAW
SESSION: NOVEMBER 2023
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
EXAMINER($)
FIRST OPPORTUNITY QUESTION PAPER
MS FILOMENA HIKUMUAH
MODERATOR: DR FELIX MUSUKUBILI
1. Answer ALL the questions.
2. Write clearly and neatly.
3. Number the answers clearly.
INSTRUCTIONS
PERMISSIBLE MATERIALS
1. EXAM PAPER.
2. PENAND PENCIL.
THIS EXAM QUESTION PAPER CONSISTS OF 3 PAGES (Including this front page)
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Question One
1.1 Explain the concepts of relevance and admissibility in the context of employment law.
Provide examples of evidence that may be considered relevant but inadmissible. (10}
1.2 Discuss the factors that a court or tribunal may consider when determining whether
evidence should be admitted in an employment dispute.
(10}
[20)
Question Two
2.1 Discuss the challenges and considerations related to the admissibility of electronic
evidence (e.g., emails, text messages, social media posts} in employment disputes. (10}
2.2 Explain how authenticity and relevance play a role in determining whether such
evidence is admissible or not.
(10}
[20)
Question Three
3.1 Explain the concept of the onus of proof in unfair dismissal claims. Describe how the
burden of proof shifts between the employer and the employee during the course of
such claims.
(10}
3.2 Discuss how the weight of evidence impacts the final decision in unfair dismissal
disputes.
(10}
[20)
Question Four
4.1 Examine the key elements of employment contracts and offer letters.
(10}
4.2 Discuss the importance of clarity and legal enforceability in such documents. Provide
examples of contract clauses that are often the subject of legal disputes.
(10}
[20)
QUESTION FIVE FOLLOWS ON THE NEXT PAGE
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Question Five
5.1 Explain the significance of evidence in labour law disciplinary proceedings.
{6)
5.2 Discuss the types of evidence that can be presented by both employers and employees
during such proceedings.
(7)
5.3 How does the quality and weight of evidence impact the fairness of disciplinary
decisions?
{7)
[20)
Total Marks [100)
3