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LAL112S - LABOUR LAW 1B - 1ST Opp - Nov 2023 |
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nAmlBIA unlVERSITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATIONS: BACHELOR OF HUMAN RESOURCES MANAGEMENT; BACHELOR OF
BUSINESS AND INFORMATION ADMINISTRATION
QUALIFICATION CODES: 07BHRM;
07BBIA
COURSE CODE: LAL112S
SESSION: NOVEMBER 2023
DURATION: 2 HOURS
LEVEL: 5
COURSE NAME: LABOUR LAW 1B
PAPER: THEORY
MARKS: 100
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
EXAMINER($) Ms. M.M. van Zyl
MODERATOR: Ms. E. Wabomba
INSTRUCTIONS
1. This paper consists of 7 (seven) questions.
2. All questions are compulsory.
3. All questions must be answered in your Examination Book
4. Read all questions carefully before answering.
5. Incorrect spelling and illegible handwriting may prevent mark allocation.
PERMISSIBLE MATERIALS
1. Calculator
THIS QUESTION PAPER CONSISTS OF 9 PAGES (Including this front page}
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QUESTION 1
Choose the correct answer from the given options in each of the following questions. There is
only ONE correct answer for each question. Negative marking will not be applied but answers
to questions will not be marked where more than one answer has been given.
Answer the following questions in the context of the common law and/or relevant labour
legislation. Only write the chosen letter next to the corresponding question number.
1.1 Constructive dismissal can be defined as:
{a) The dismissal of an employee due to circumstances beyond the control of the
employer, for example, financial difficulties.
{b) The resignation of an employee after negotiations for an increase in salary had
failed.
{c) The resignation of an employee, not by choice, but due to personal circumstances
of the employee such as the transfer of the employee's spouse to another town.
{d) The resignation of an employee due to intolerable circumstances at work
attributable to the employer.
{e) The resignation of an employee only because of sexual harassment at the
workplace.
{2)
1.2 Severance allowance is an amount always payable:
(a) By the employer upon resignation of the employee.
{b) By the Labour Commissioner upon retrenchment of an employee.
{c) By the employer if the employee retires at the age of 60 years.
{d) By the employer, among others, if the contract of employment is terminated by
an employee after s/he turned 65 years of age, provided that such employee
completed at least 12 {twelve) months of continuous service
{e) By the employer, if the employee had been dismissed for a fair and valid reason
and in a fair manner based on the employee's incompetence.
(2)
1.3 The minimum number of workplace union representatives that may be elected at a
workplace where there is a total of 346 employees who are members of the same trade
union:
{a) 4
(b) 3
(c) 6
(d) 7
(e) 8
{2)
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1.4 Choose the correct statement:
(a) A recognised trade union is referred to in the Labour Act as an "exclusive
bargaining union."
(b) A registered trade union may seek recognition by delivering a request to the
Labour Commissioner and a copy of such request must be submitted to the
employer.
(c) An arbitrator can make an order declaring the union to be recognised as an
exclusive bargaining agent, as requested.
(d) All trade unions have the right to negotiate and enter into a collective agreement.
(e) In the event that the membership of an exclusive bargaining agent within the
specified bargaining unit drops below the required majority, the employer must
withdraw the recognition immediately and notify the Labour Commissioner of
such withdrawal.
(2)
1.5 A collective agreement binds:
(a) The parties to the agreement.
(b) Members of the parties to the agreement.
(c) All the employees in the bargaining unit if the agreement was concluded by an
exclusive bargaining agent.
(d) Any employee or employer who becomes a member of the respective trade union
or employers' organisation after the agreement became binding.
(e) All of the above.
(2)
1.6 Essential services mean:
(a) Any service that, if interrupted, would endanger the life, personal safety or health
of the whole of the population of Namibia.
(b) A service that, if interrupted, would endanger the life, personal safety or health of
the whole or any part of the population of Namibia and which has been designated
as such by the Minister in the Government Gazette.
(c) A service that, if interrupted, would endanger the life of only Namibian citizens.
(d) A service essential for the productivity of the country as a whole.
(e) Neither one of the above options.
(2)
1.7 In terms of the Employees' Compensation Act 30 of 1941 an employer:
(a) Must report all accidents to the Social Security Commission.
(b) Must report all work-related accidents to the Social Security Commission.
(c) Must report all work-related accidents to the Minister of Works, Transport and
Communication.
(d) Must report all work-related accidents whereby medical expenses are involved to
the Labour Commissioner.
(e) Must report all work-related accidents that involve medical expenses or absence
from work for more than 3 days to the Social Security Commission.
(2)
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1.8 Choose the incorrect statement:
(a) No maternity leave benefits shall be payable to a female member who resumes
her employment or takes up any other employment during any period while she
receives maternity leave benefits.
(b) A medical practitioner, nurse or midwife registered as such may certify the
expected date of birth of a female member in terms of Section 29 (5) of the Social
Security Act 34 of 1994.
(c) A self-employed person is allowed to register himself or herself voluntarily as an
employer and employee in terms of the Social Security Act 34 of 1994.
(d) An employer, who deducts any contributions from the remuneration of an
employee and fails to pay over such contribution to the Commissioner within the
prescribed period, shall be guilty of an offence.
(e) Sick leave benefits are payable in respect of a member who was incapable for at
least 60 consecutive days.
(2)
1.9 An arbitration award:
(a) Is binding and must be followed.
(b) Has the same force and effect of an order of the Labour Court.
(c) May be varied or rescinded by the arbitrator who has made the award.
(d) May be enforced by a labour inspector.
(e) All the statements, except (b), are correct.
(2)
1.10 Choose the incorrect statement describing private arbitration in terms of the Labour Act
11 of 2007:
(a) Arbitration in terms of a written agreement between the parties to refer a dispute
to arbitration in terms of Chapter 8, Part D of the Labour Act, in which they
designate their own arbitrator.
(b) A private arbitration award is final and binding, there is no right of appeal or
review.
(c) The arbitrator in private arbitration may make an order for costs.
(d) The arbitrator may vary or rescind the award, at the arbitrator's instance or on the
application of any party to the dispute.
(e) None of the above.
(2)
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1.11 In terms of the Social Security Act 34 of 1994, maternity leave benefits shall, if the child
concerned dies within two weeks after the actual date of confinement, be payable:
(a) In respect of the rest of the period of maternity leave.
(b) In respect of a further period of four weeks only, reckoned from the date of
confinement.
(c) In respect of a further period of four weeks only, reckoned from the date of death.
(d) No further benefits are payable if the child dies within two weeks after birth.
(e) To the person in whose care the mother is placed or any other person who is
considered a fit and proper person to administer the benefits on behalf of the
mother.
(2)
1.12 An employer is allowed to introduce a change to a term or condition of employment
when:
(a) Both parties agree to the said change.
(b) There is a more favourable change to the basic conditions of employment in
accordance with legislation.
(c) It falls within the terms of the contract of employment.
(d) All of the above.
(e) None of the above.
(2)
1.13 The Employees' Compensation Act 30 of 1941 does not apply to:
(a) Casual employees.
(b) Employees earning more than a prescribed maximum amount of remuneration
per annum unless the employer made a special arrangement with the
Commission.
(c) Employees who work solely for a commission or a share in the takings.
(d) None of the above.
(e) Both (b) and (c)
(2)
1.14 Any party to a dispute may refer a dispute of rights in writing to the Labour
Commissioner for arbitration:
(a) Within 30 days after the conciliation proceedings have failed, if such dispute had
to be resolved through conciliation first.
(b) As long as the other party has agreed to such referral.
(c) Within one year after the dispute arose, if the dispute is not a dispute concerning
an unfair dismissal.
(d) Within 3 (three) days after the strike had ended and no agreement was reached.
(e) Neither one of the above options.
(2)
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1.15 Choose the correct statement:
(a) An arbitrator in statutory arbitration is entitled to make a cost order only in
exceptional circumstances.
(b) Arbitration tribunals have jurisdiction to hear and determine any dispute or any
other matter arising from the interpretation, implementation or application of the
Labour Act.
(c) Unless the dispute has already been conciliated, the arbitrator must first attempt
to resolve the dispute through conciliation.
(d) All the statements are correct.
(e) Only (b) and (c)
(2)
[30)
QUESTION 2
Decide in each of the following instances whether the statement is true or false. NO
MOTIVATION is required:
(Please note that you must write out the word "True" or "False", no acronyms will be
accepted.)
2.1 A workplace union representative may perform the functions of that office within
working hours.
(2)
2.2 The Labour Act 11 of 2007 confers organisational rights on all trade unions.
(2)
2.3 An employer may not make use of replacement labour during an unlawful strike action.
(2)
2.4 Only racially disadvantaged persons shall enjoy preferential treatment in employment
decisions in compliance with the Affirmative Action (Employment) Act 29 of 1998.
(2)
2.5 New Era Investment workers went on strike to compel their employer to comply with
the collective agreement relating to minimum wages, which had to be implemented
already as from 1 March this year. The workers were entitled to strike, as this would
qualify as a dispute of interest.
(2)
[10)
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QUESTION 3
Trim Gym CC intends to terminate the services of five employees (in terms of Section 34 of
the Labour Act 11 of 2007) because it is experiencing financial difficulties due to another
upmarket gym that had opened in the city centre.
Answer the following questions in the context of the common law and/or relevant labour
legislation:
3.1 What is this type of dismissal called in the business world?
(1)
3.2 Give a broad outline ofthe step-by step process to be followed when an employer needs
to reduce the workforce for economic or technological reasons.
(5)
3.3 One of the duties imposed upon an employer by section 34 of the Labour Act 11 of 2007
is to "negotiate in good faith" on certain prescribed issues. What is the meaning of
"negotiate in good faith"?
(2)
3.4 Give a broad outline of the possible circumstances in which an employee will qualify for
severance pay.
(5)
3.5 How is severance pay calculated in terms of section 35 of the Labour Act 11 of 2007?
(2)
[15]
QUESTION 4
Fishy Treats CC (FT) and the Namibia Food & Allied Workers Union (NAFAU) are parties to a
collective agreement whereby FT recognised NAFAU as the exclusive bargaining agent of all
employees.
Answer the following questions in the context of the common law and/or relevant
legislation:
4.1 What was required of NAFAU before they could apply to the employer (FT) for
recognition as an exclusive bargaining of all the employees at FT? Discuss in detail. (3)
4.2 The collective agreement provides that "All staff members must become members of
NAFAU within 30 days of the signing of the agreement and all new staff members joining
the business must become members of NAFAU within thirty days of the commencement
of employment." Briefly discuss the validity of this clause.
(2)
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4.3 Suppose you are the Human Resources Manager of Fishy Treats CC (FT}. The Namibian
Food and Allied Workers Union (NAFAU} approached you with a list of employees who
are members of the said trade union. They claim you are entitled and obliged to arrange
the deduction of membership fees from the salaries of all their members and pay the
amounts over to them. Discuss whether FT is entitled and/or obliged to make such
deduction from the remuneration of the employees on the list submitted to you. (5)
[10]
QUESTION 5
The Wholesale Workers Union (WWU}, representing the workers of Handy Hand Gloves (Pty}
Ltd. (HHG}, requested a salary increase of 10 % for all employees. The company is only
prepared to offer a 5% increase. After some months of negotiations, the parties have reached
a deadlock and a dispute is declared. All the procedures for a lawful strike action having
complied with, the workers embarked on a strike action, which lasted for five (5) days. Because
of the strike action, HHG lost N$ 1 million in terms of lost turnover. In addition, some strikers
became very violent and damaged company property during the strike action.
Answer the following questions in the context of the common law and/or relevant labour
legislation:
5.1 The management of HHG would like to know whether they may make use of
replacement labour, either from outside or inside the business, during the strike action.
(3)
5.2 Advise HHG whether they have any claim against the trade union and/or workers for the
losses suffered. Discuss with reference to the general rule and exceptions applicable.
(3}
5.3 Explain whether the workers are entitled to any payment during the period that they
are on strike.
(2)
5.4 Suppose HHG dismissed those workers responsible for the damage to property without
a hearing. The workers are claiming that this amounts to an unfair dismissal. Identify the
type of dispute (i.e., Dispute of rights or Dispute of interests}. Motivate your answer.
(2}
[10]
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QUESTION 6
Dr Armani is a lecturer in Economics at the National Elite University. He has been appointed
on a two-year contract. In terms of his contract, he is entitled to his monthly salary plus
additional payment for lecturing night classes. Upon receipt of his salary advice after the first
month of employment, he discovered that he received no extra payment for the night classes.
Upon enquiry at the Human Resources Department, he was informed that the university
management had decided that night classes would be part of his ordinary duties; therefore,
no extra payment is due in this respect. Dr Armani tried to negotiate with the university, but
with no success.
Answer the following questions in the context of the relevant labour legislation:
6.1 Advise Dr Armani of his legal rights, including the process to follow in order to have this
dispute resolved.
(6)
6.2 Briefly explain the differences between the concepts "arbitration"
QUESTION 7
and "conciliation".
(4)
[10)
John, who recently qualified as an electrician, decided to open his own business called
WeFixAII CC. Since he is the only qualified electrician in the Mariental-area, he soon had to
expand and now has three employees working as his assistants. John requires your advice on
the following aspects of his business:
7.1 The duties of WeFixAII CCin terms the following legislation:
(a) Social Security Act 34 of 1994.
(5)
(b) Employees' Compensation Act 30 of 1941.
(2)
7.2 John decided to pay the school fees of the children of only the single mothers in his
employment. One of the employees, Anna, whose husband had been retrenched
recently, is of the opinion that John's decision amounts to unfair discrimination. Advise
Anna.
(3)
7.3 Does he need to comply with the provisions of the Affirmative Action Act (Employment)
29 of 1998.
(2)
7.4 Affirmative action is defined in the Affirmative Action (Employment) Act 29 of 1998 as a
" ...set of affirmative action measures designed to ensure that persons in designated
groups enjoy equal employment opportunities ...". List the "designated groups"? (3)
[15)
GOOD LUCK!!
Grand Total: 100
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