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ELL812S - EVIDENCE IN LABOUR LAW - 2nd Opp - JAN 2024 |
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nAmlBIA UnlVERSITY
OF SCIEn CE Ano TECHn OLOGY
FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: BACHELOR OF EMPLOYMENT AND LABOUR RELATIONS HONOURS
QUALIFICATION CODE: 08 BERH
LEVEL: 8
COURSE CODE: ELL812S
COURSE NAME: EVIDENCE IN LABOUR LAW
SESSION: JANUARY 2024
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
EXAMINER(S)
SUPPLEMENTARY EXAMINATION QUESTION PAPER
MS FILOMENA HIKUMUAH
MODERATOR: DR FELIX. MUSUKUBILI
INSTRUCTIONS
1. Answer ALL the questions.
2. Write clearly and neatly.
3. Number the answers clearly.
PERMISSIBLE MATERIALS
1. EXAM PAPER.
2. PEN AND PENCIL.
THIS EXAMINATION 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 Explore the use of witness testimony in disciplinary hearings. Discussthe credibility and
reliability factors that may influence the weight given to witness statements.
(10)
2.2 How can employers assess the truthfulness of witnesses and handle conflicting
testimony?
(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 Discuss the types of evidence that are typically required to support disciplinary actions.
(10)
4.2 Describe the evidentiary standards employers must meet when alleging employee
misconduct. How can employers ensure that their evidence meets these standards?
(10)
[20]
QUESTION FIVE FOLLOWS ON THE NEXT PAGE
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Question Five
Trace the historical development of labour law in Namibia from the colonial era to the post-
independence period. Discuss key labour legislation and milestones that have shaped the
labour landscape in the country.
[20]
Total Marks 100
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