LAL112S - LABOUR LAW 1B - 1st Opp - NOV 2022 :: NUST past examination papers between 2020 and 2024

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LAL112S - LABOUR LAW 1B - 1st Opp - NOV 2022

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LAL112S - LABOUR LAW 1B - 1st Opp - NOV 2022

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nAmlBIA UnlVERSITY

OF SCIEnCE Ano TECHnOLOGY

FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION

DEPARTMENT OF SOCIAL SCIENCES

QUALIFICATIONS: BACHELOR OF HUMAN RESOURCESMANAGEMENT; BACHELOR OF

BUSINESS AND INFORMATION ADMINISTRATION

QUALIFICATION CODES: 07BHRM;

07BBIA

COURSE CODE: LAL112S

SESSION: NOVEMBER 2022

DURATION: 2 HOURS

LEVEL: 5

COURSE NAME: LABOUR LAW lB

PAPER: THEORY

MARKS: 100

FIRST OPPORTUNITY EXAMINATION QUESTION PAPER

EXAMINER(S)

Dr. C. Harris

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 10 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 ONEcorrect 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.

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.

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 In the event of a complaint of unfair dismissal or unfair disciplinary action, the burden

of proof that the dismissal or disciplinary action was fair is upon the:

(a) Employee

(b) Employer

(d) Arbitrator

(e) Legal practitioner

(2)

1.3 Choose the incorrect statement from the following:

(a) An employee who has the right to terminate the contract of employment by

means of notice of termination may do so for any reason whatsoever.

(b) The reason for a dismissal must not only be fair but also valid. i.e., lawful.

(d) An employee will never be entitled to any severance pay ifs/he resigned.

(e) Failure to comply with the provisions laid down in section 34 of the Labour Act

(collective termination or redundancy) constitutes an offence.

(2)

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1.4 In a labour context, if the parties to collective bargaining are unable to reach

agreement, they may be said to have reached:

(a) A misunderstanding.

(b) The right to resort to industrial action.

(d) A deadlock

(e) The end of negotiations.

(2)

1.5 The minimum number of workplace union representatives that may be elected at a

workplace where there is a total number of 32 employees who are members of the

same trade union:

(a) 2

(b) 3

(d) 5

(e) 6

(2)

1.6 An exclusive bargaining agent:

(a) Represents only the interests of its members in that bargaining unit.

(b) Represents all the interests of every employee in that bargaining unit,

members and non-members, in relation to all functions of such trade union.

and non-members, but only for the purpose of negotiating a collective

agreement on a matter of mutual interest.

(d) Has the right of access to the employer's premises any time they feel like it, no

permission is required.

(e) Is never entitled to receive any fee from an employee without such employee's

individual written authorisation to this effect.

(2)

1.7 During a lawful strike action:

(a) Employees may be dismissed for abscondment.

(b) Employers are prohibited from paying any remuneration to the striking

workers, as the "no work, no pay" principle prevents the employer from paying

them.

workers.

(d) Striking workers is exempted from any claim for damages caused during the

strike action.

(e) None of the above.

(2)

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1.8 In order to be able to strike lawfully:

(a) It is not necessary to qualify as an "employee", as defined in the Labour Act 11

of 2007.

(b) An employee does not need to belong to a trade union to be able to strike.

conciliation.

(d) All of the above are correct.

(e) Both (b) and (c)

(2)

1.9 Employees involved in the rendering of essential services:

(a) Has no remedy available to them if the dispute qualifies as a dispute of interest.

(b) Must refer all disputes to the Labour Court.

for arbitration.

(d) May not strike but may refer a dispute of interest to the Labour Commissioner

for arbitration.

(e) Both (b) and (d)

(2)

1.10 In terms of the Labour Act 11 of 2007, the following is not considered as an unfair

labour practice by an employer:

(a) Bargaining in bad faith.

(b) Unilateral change of any term or condition of employment.

of any person.

(d) Unfair dismissal.

(e) Unfair disciplinary action.

(2)

1.11 In terms of the Labour Act 11 of 2007, a dispute concerning an unfair labour practice

must be resolved through:

(a) The intervention of the Labour Court, since this is a matter concerning the

interpretation of the Namibian Constitution.

(b) Compulsory conciliation

(d) Industrial action

(e) Neither one of the above options.

(2)

1.12 Conciliation in terms of the Labour Act 11 of 2007:

(a) Is based on consensus between the parties, as no settlement will be imposed

on any party.

(b) Always includes an advisory award.

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at the end of the conciliation period.

(d) Both (a) and (b)

(e) Neither one of the above options.

(2)

1.13 An arbitration award:

(a) Is only binding if the award is an advisory award.

(b) May be varied or rescinded only by the Labour Commissioner.

(d) May be enforced by a labour inspector.

(e) Both (c) and (d)

(2)

1.14 A party to a dispute who alleges a defect in the arbitration proceedings, may:

(a) Apply to the Labour Commissioner for the setting aside of the award.

(b) Appeal to the Labour Commissioner for the review of the award.

(d) Apply to the Labour Court for an order reviewing and setting aside the award.

(e) Apply to the High Court for an order reviewing and setting aside the award.

(2)

1.15 Who shall be registered in terms of Section 20 of the Social Security Act 34 of 1994 as

members of the fund?

(a) All employers and all employees.

(b) All employers, all employees and casual workers.

(d) All employers, including the State, and all employees who are younger than 65

years.

(e) Neither one of the above options.

(2)

1.16 The Social Security Act 34 of 1994 determines that, if a female dies while receiving

maternity leave benefits, the following rule(s) shall apply:

(a) No further benefits will be payable as from the date of death.

(b) Benefits shall be payable for the rest of the period of maternity leave.

placed or another fit and proper person who will administer the benefits on

behalf of the child.

(d) Both (b) and (c).

(e) In respect of a further period of four weeks only, reckoned from the date of

death.

(2)

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1.17 The following is not a benefit in terms of the Employees' Compensation Act 30 of 1941,

as amended:

(a) Reasonable medical expenses

(b) Transportation of injured employee

(d) Compensation to surviving spouse

(e) Maternity leave

(2)

1.18 The Employees' Compensation Act 30 of 1941 does not apply to:

(a) Domestic workers who work only one day per week.

(b) Employees earning more than a prescribed maximum remuneration per

annum.

(d) None of the above.

(e) Both (b) and (c)

(2)

1.19 In terms of the Labour Act 11 of 2007, it shall not be deemed as discrimination:

(a) To temporarily reassign the duties of a female employee who is pregnant, even

if it leads to a reduction in remuneration or other benefits.

(b) To distinguish, exclude or prefer any individual based on such person political

opinion.

(d) To distinguish, exclude or prefer any individual based on the person's HIV

status.

(e) None of the above.

(2)

1.20 Section 18 of the Affirmative Action (Employment) Act 29 of 1998 defines 'racially

disadvantaged persons' as:

(a) Black persons.

(b) All persons who belong to a racial or ethnic group which was or is, directly or

indirectly, disadvantaged in the labour field because of social, economic, or

educational imbalances arising out of racially discriminatory laws or practices

before the independence of Namibia.

(d) All persons who belong to a racial or ethnic group who can prove that they have

been disadvantaged in the labour field because of social, economic, or

educational imbalances arising out of racially discriminatory laws or practices

before the independence of Namibia.

(e) All of the above.

(2)

[40]

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QUESTION 2

Give a word or phrase (or complete the sentence), in the context of the common law, case

law and the relevant labour legislation, whichever is applicable:

2.1 The constitutional right of employees to form and join trade unions (Article 21(1)(e) of

the Namibian Constitution).

(1)

2.2 Termination of a contract of employment without notice in the event of a serious or

fundamental breach of a material term of the contract by either party.

(1)

2.3 The rights of a registered trade union to, among others, have access to the premises

of the employer and the deduction of membership fees by the employer on behalf of

the trade union.

(1)

2.4 The official responsible for the enforcement of the decision of an arbitrator.

(1)

2.5 A dispute that could not be settled at the end of the conciliation period.

(1)

2.6 Differential treatment that can be justified when measured against the requirements

of the job concerned or the operational requirements of the employer.

(1)

2.7 A party may refer a dispute concerning a dismissal within a maximum period of_

--- after the date of the dismissal.

(1)

2.8 When an employee is dismissed for not being able to do the work due to an injury

sustained in an accident, it is known as a dismissal based on_.

{1)

2.9 In _ arbitration, the arbitrator has the right to make a cost order, irrespective of the

circumstances.

(1)

2.10 A person who has the abilities, formal qualifications or relevant experience for a

position of employment as defined in Section 1 of the Affirmative Action (Employment)

Act 29 of 1998.

(1)

[10]

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QUESTION 3

Answer the following questions in the context of the common law and/or the relevant

labour legislation:

ABC {Pty) Ltd had to retrench 10 {ten) employees because it is experiencing financial

difficulties. On the last day of the month the managing director calls the employees to his

office, explains the situation to them, terminates their services and gives them two weeks'

notice pay.

Answer the following questions:

3.1 What is this type of dismissal called in the business world?

{1)

3.2 Name the two requirements that must be met for a fair dismissal.

{2)

3.3 Complete the following sentence:

To qualify for severance pay, an employee must have completed at least 12 months of

service and the employee was either:

{a) ________

{b) _______

{c) --------

{3)

3.4 The 10 {ten) employees would like to report a dispute of unfair dismissal to the Office

of the Labour Commissioner. Explain to them the differences between the two

alternative dispute resolution systems available, i.e., conciliation and arbitration.

(4)

[10]

QUESTION 4

Answer the following questions in the context of the common law and/or the relevant

labour legislation:

4.1 Union ABC (a registered trade union) would like to apply for recognition as an exclusive

bargaining agent of Company XYZ. Briefly explain to the union the requirements and

process to follow to get such recognition.

(4)

4.2 Suppose Union ABC was able to get the recognition as the exclusive bargaining agent

of all the employees at Company XYZ.They claim that you are obliged to arrange the

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deduction of membership fees from the salaries of all the employees, both member

and non-members, and pay the amounts over to them. In your capacity as the Head of

Human Resources of Company XYZ, discuss how you would approach this matter.

(5)

4.3 Decide in each of the following instances whether the dispute can be classified as a

dispute of right or a dispute of interest and motivate your answer:

(a} NAFAUdemands a 100% increase of the transport allowance for all the workers

of Hungry Beast CC,the employer. The employer refuses and NAFAU reports a

dispute to the Office of the Labour Commissioner.

(2}

(b} An employee is dismissed without a disciplinary hearing. The employee reports

the dispute to the Office of the Labour Commissioner.

(2)

(c} Twin Towers Construction CC fails to provide protective clothing and

equipment to its employees. The trade union reported a dispute to the Office

of the Labour Commissioner on behalf of the employees.

(2}

[15]

QUESTION 5

Answer the following questions in the context of the common law and the Labour Act 11 of

2007, where applicable:

5.1 In terms of the Labour Act, conduct where an employer changes a term or condition

of a contract of employment is considered an unfair labour practice. Changesto terms

and conditions of a contract of employment are, however, allowed in two

circumstances. Briefly list these circumstances.

(2)

5.2 The Labour Act 11 of 2007 provides that, unless the matter had been regulated by

agreement between the parties, the period of notice shall be determined by the

period of employment of a particular employee. Briefly discuss these provisions with

due regard to the minimum periods of notice.

(3)

[5]

QUESTION 6

John recently qualified as an electrician and 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

employed three workers as his assistants. John requires the following advice from you:

6.1 The duties of WeFixAII CC in terms of the Social Security Act 34 of 1994. Explain in

detail.

(4)

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6.2 John's office administrator, Doreen, went on maternity leave. Unfortunately, Doreen's

baby died shortly after birth. John wants to know from you whether Doreen is entitled

to any further maternity leave benefits after the death of her baby.

(3)

6.3 A few days after Doreen returned to work, she lost her balance on the stairs to her

office on the ist floor and fell with her head against the railings, resulting in a

momentary loss of consciousness. A subsequent medical examination showed that she

had not sustained any permanent damage or serious injury. The specialist, however,

put her under observation in the hospital for the day to monitor her brain functions.

She managed to recover fully and was able to return to work after two days of absence.

Briefly advise John, in terms of the Employees' Compensation Act, if this incident must

be reported to the Social Security Commission.

(3)

[10]

QUESTION 7

Briefly state whether each of the following situations amount to unlawful/unfair

discrimination (Yes/No) in terms of the Labour Act 11 of 2007? Motivate each respective

answer.

PLEASENOTE: No marks will be awarded for Yes/No without a proper motivation.

7.1 Company ABC is giving a housing allowance to their male employees only.

(2)

7.2 In an advertisement for positions in the Department of Correctional Services one of

the minimum job specifications is that all prison guards should weigh not less than 70

kilograms and be at least 1,7 metres tall.

(2)

7.3 Good Hope Orphanage Home advertises positions for married couples to serve as

house parents for the respective houses for the orphans.

(2)

7.4 A restaurant specialising in African cuisine, wants to create a certain theme and

ambience and therefore only appoint Africans, dressed in their traditional dress as

waiters and waitresses.

(2)

7.5 During an interview a female applicant is asked who would look after her young

children should she be appointed.

(2)

[10]

GOOD LUCK!!

Grand Total: 100