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LRP812S - LABOUR RELATION PRACTICE - 1ST OPP - JUNE 2024 |
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n Am I BI A u n IVE RS ITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION
DEPARTMENT OF GOVERNANCE AND MANAGEMENT SCIENCES
QUALIFICATION: BACHELOR OF EMPLOYMENT AND LABOUR RELATIONS HONOURS
QUALIFICATION CODE: 08BILR
LEVEL: 8
COURSE CODE: LRP812S
SESSION: JUNE/ JULY 2024
COURSE NAME: LABOUR RELATIONSPRACTICE
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
EXAMINER(S)
Mr Elias Kandjinga
MODERATOR(S): Mr Ohms Kayama
INSTRUCTIONS
1. Answer ALL the questions in Section A and only ONE question in Section B.
2. You are expected to apply your subject knowledge to the questions.
3. Write clearly and neatly.
4. Number your answers clearly.
1. Pen
2. Ruler
PERMISSIBLE MATERIALS
THIS QUESTION PAPER CONSISTS OF 5 PAGES (Including this front page)
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Section A (Answer all questions)
[60 marks]
Question 1
Read the following Labour Court appeal judgement and answer all the following
questions.
LEWISSTORESNAMIBIA (PTY) LTDT/A BESTHOME & ELECTRICVS CAROLLAKAVENDJII
Paragraph one
This is an appeal against the arbitration award delivered by arbitrator Kleofas Geingob on
24 September 2021 under case number CROU49/20.
The respondent was subjected to a disciplinary hearing on 28 July 2020 and dismissed.
Respondent was employed as an Assistant Regional Controller by appellant and it was
discovered that client refunds were processed over a period of time. These transactions
were done contrary to prescribed policies and respondent authorised these transactions.
According to appellant these transactions are fraudulent. The respondent referred the
dispute to the office of the Labour Commissioner and the arbitrator found that the
respondent was dismissed unfairly both substantively and procedurally. The arbitrator
ordered respondent's reinstatement as well as a payment of N$ 400,000, being 16
months' salary. Appellant appeals this result and raises three points in limine as well as
twelve grounds of appeal on the merits.
Paragraph two
Having read the papers and heard the submissions by Mr Rukoro on behalf of appellant
and Mr lkanga on behalf of respondent, I am satisfied that the arbitrator erred on various
counts. The question of the substantive unfairness of the dismissal should be revisited
since respondent was in a responsible, trusted position and she clearly authorized client
refunds that were not in terms of the appellant's policies. A strong argument can be made
that it was dishonest. If established, it would in my view justify dismissal. The procedural
fairness of the disciplinary proceedings should also be revisited. The telephonic testimony
of the witness should be addressed. It appears the respondent accepted this procedure.
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Nevertheless, it may not be enough for a respondent to accept a procedure to render it
fair. The further aspect which is of concern is that the chair of the disciplinary proceedings
was also a witness.
Paragraph three
Finally, even if it is determined that the disciplinary proceedings were procedurally tainted
it does not necessarily justify a reinstatement. The respondent was in a position of trust
and if it is established that trust was breached, reinstatement does not necessarily follow.
In the premises, the appeal is upheld and the matter is referred back for another
arbitration before a different arbitrator.
It is ordered that:
1. The appeal is granted and the arbitration award by Mr Kleofas Geingob dated 24
September 2021 is hereby set aside;
2. The matter is referred back for arbitration before a different arbitrator; and
3. No order as to costs.
The matter is removed from the roll: Case regarded as Finalised.
Source:: Lewis Stores Namibia (Pty) Ltd t/a Best Home & Electric v Carolla Kavendjii (HC-MD-IAB-APP-AAA-2021/00073) [2022] NALCMD 12 (16
March 2022)
1.1. The judge concluded in paragraph two that the arbitrator had made several
mistakes. Analyse and discuss this assertion using the case study, any relevant
laws, and your own expertise.
(15]
1.2. The ultimate ruling states that a new arbitrator will be appointed to hear this
matter. Let's say you are the new arbitrator appointed to hear the case. Analyse
and discuss the relevant issues to consider in your endeavor to make sure all
parties receive a fair and impartial decision.
(15]
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1.3. The disciplinary inquiry's (DI) chair was a witness in the case, according to
paragraph two of the case study. Discussthe ramifications of the chairperson and
initiator testifying in the DI.
[10]
1.4. Carroll a Kavendji was hired by Best Home Electric to serve as an assistant regional
controller. In a hypothetical scenario, she appeared at the DI with her legal
representative after receiving a notification of a DI. The altercation that followed,
though, prevented the DI from moving further, and security officers were
dispatched to forcibly remove Kavendji's lawyer, who was refusing to leave the
DI room.
a) Is it allowed for an employee to have a legal representative at a DI? Justify
your answer.
[8]
b) Was it the right course of action to eject the legal representative from the
DI room with force? Justify your answer.
[S]
c) Is it possible for an organisation policy to prohibit a union representative
from advocating for the employee in DI? Justify your answer.
[7]
d) What is the role of an ER practitioner at the external dispute resolution
tribunal and who represents a dismissed employee at that tribunal? [6]
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Section B (Answer only question 1 or question 2)
Question 1
[34 marks]
1.1. Distinguish between the positive and negative approach to discipline.
[4]
1.2. Define "decent work" as a human right and describe how the fundamental
requirements may all be met at work by following the four principles of decent
work.
[15]
1.3. To sum up, how did the course Labour Relations Practice (LRP812S) influence
your perception of the working relationship in modern organisations? How do
you envision using what you have learnt so far? Instead of reiterating subjects or
ideas from your compulsory course resources, you must explain what you
understand in your own words in this section. Please take note that this is a two-
part question, with the second asking you to connect theory to practice. [15]
Question 2
2.1. Explain, in your opinion, how labour relations and human resource
management policies relate to one another in the workplace.
[4]
2.2. Define "decent work" as a human right and describe how the fundamental
requirements may all be met at work by following the four principles of decent
work.
[15]
2.3. If an employer finds that a worker is not performing up to par, what steps should
they take? How will the company handle underperforming employees who are
still in their probationary period compared to those whose probationary period
has ended? Justify your response.
[15]
Endof Paper!
Good Luck!
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