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LRP812S - LABOUR RELATIONS PRACTICE - 1ST OPP - JUNE 2025 |
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nAm I BI A un IVE RS ITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES AND EDUCATION
DEPARTMENT OF GOVERNANCE AND MANAGEMENT SCIENCES
QUALIFICATION: BACHELOR OF EMPLOYMENT AND LABOUR RELATIONS HONOURS
QUALIFICATION CODE: 08BERH
LEVEL: 8
COURSE CODE: LRP812S
SESSION: JUNE/ JULY 2025
COURSE NAME: LABOUR RELATIONS PRACTICE
PAPER: THEORY AND PRACTICE
DURATION: 3 HOURS
MARKS: 100
EXAMINER(S)
FIRST OPPORTUNITY QUESTION PAPER
Mr Elias Kandjinga
Mr Ohms Kayama
MODERATOR(S):
INSTRUCTIONS
1. Answer ALL the questions in Section A and only ONE 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 12 PAGES {Including this front page)
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Section A (Answer all the questions)
[70 marks]
Question 1
Analyse the case study from pages 6-7 and answer all the following questions.
1.1. Having read the above study, identify and explain two (3) types of strikes
evident or implied in the case study.
[6]
1.2. Having read the above case, identify and explain five (5) workplace factors that
escalated the conflict at Kavango OK Foods.
[10]
1.3. With a clear link to the case above, summarise the sequential turn of events
that led to the dispute in practice.
[13]
1.4. Analyse the following statements from the trade union and the employer.
Harmonise the statements to provide a practical discussion of the fundamental
legal framework that -influenced the actions of the two parties involved in a
dispute, considering the divergent perspectives described above. [18]
Trade Union: "Penda criticised Kavango OKFoods' treatment of workers following the
strike and accused the company of engaging in union-busting practices. "The employer
is anti-union and disrespects Namibian workers and the laws of this country. That
cannot be accepted or tolerated". Employer: "The supermarket manager, Jose
Machado, says the employees were not dismissed because they took part in the strike
but because they broke the strike rules. "They were dismissed for breaking the strike
rules, and all the procedures were followed. There was a disciplinary [hearing} ...
there's still an ongoing issue".
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1.5. According to Machado, 103 employees were replaced with temporary
employees for the time being. Do you agree or disagree with the employer's
decision to replace 103 employees?
[13]
1.6. Do you consider this a dispute of right or interest? Please provide a rationale
for your response, including why it is not the one you selected.
[10]
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Section B (Answer only question 1 or question 2)
[30 marks]
Question 1
Read the following case study and answer all the following questions.
, Time does not fly when on probation.
' Rebecca, an impressionable college graduate, is eager to start her new job as a buying I
I assistant at one of the country's largest retail groups. She has visions of a new car, cell /
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, phone and a possible trip overseas. However, Rebecca - who has been employed for
22 days - has a long way to go before her probation is over and she can truly feel
confident that she does not lose her job, as she has in the last three instances. She
constantly complains that she hates being on probation and the fact that she can only ,
, qualify for a long-term credit agreement once her probation period has lapsed. This
'. means that she won't be able to purchase a new car yet. She would require at least
three months' salary advice to demonstrate that she will not be a credit risk. Probation :
, has been a challenge for her. She is expected to arrive at work very early (in her
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: opinion). She seldom has the opportunity to take lunch or tea breaks and she is :
expected to work every second Saturday. These conditions according to Rebecca is
unreasonable.
Adapted from: Ne/. et al 2020
1.1. What is the purpose of probation?
[4]
1.2. What should an employer do when he or she determines that the employee's
performance is below standard? Will the employer deal with poor performers still
in their probationary period differently than those whose probationary period has
lapsed? Give reasons for your answer.
[15]
1.3. Do you think an employer should offer a reason for dismissal based on poor
performance during probation? Substantiate your answer.
[7]
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1.4. In your view, discuss the relationship between the human resource
management policy and labour relations policy in a work setting.
[4]
Question 2
[30 marks]
2.1. Distinguish between the positive and negative approaches to discipline and
provide practical examples for each.
[15)
2.2. In a short summary, how did the Labour Relations Practice (LRP812S)as a course
shape your practical understanding of the employment relationship in
contemporary organisations? Do you foresee applying what you have learned
thus far, how? Here, you are required to express your understanding in your own
words and not listing topics or themes appearing in your prescribed course
materials. Also, please note that this question is twofold, the latter requiring you
to relate theory to practice.
[15)
End of Paper!
Good Luck!
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Annexure 1: This case study is for questions under Section A only!
Nafau accuses Kavango supermarket of union-busting amid workers' suspensions
Namibia Food and Allied Workers Union (Nafau) general secretary Jacob Penda has
accused the management of Kavango Supermarket and Bottle Store (Kavango OK
Foods) of violating the country's Labour Act. Penda spoke on Desert Radio yesterday
after the company suspended 103 workers a few days ago. He said the supermarket's
management intimidated employees who participated in a legal strike earlier this year.
This comes after the supermarket suspended 103 employees, reportedly for
participating in an unprotected strike. The striking workers were demanding salary
increases and improved working conditions. Penda criticised Kavango OK Foods'
treatment of workers following the strike and accused the company of engaging in
union-busting practices. "The employer is anti-union and disrespects Namibian
workers and the laws of this country. That cannot be accepted or tolerated," Penda
asserted.
He said the supermarket's management acted unlawfully by suspending workers and
emphasised that they participated in a protected strike. According to Penda, from 13
to 23 May, the strike was conducted in full compliance with Namibian labour law. He
said Nafau followed all legal procedures leading up to the strike, including submitting
a wage proposal, engaging in negotiations and eventually declaring a dispute when
negotiations reached a deadlock. He added that the strike rules were mutually agreed
upon by both parties, and the workers participated peacefully within the designated
areas.
According to Penda, the supermarket's management replaced striking workers during
the strike and later suspended the returning workers due to allegations that they
participated in an unprotected strike. He emphasised that t~ese actions are
unjustified, particularly because the strike was legally sanctioned, and a settlement
agreement was signed on 23 May.
"The employer agreed to the settlement and that the workers would return to their
jobs within three days, in line with the Labour Act. Now, they're being charged as if
they participated in an unprotected strike, which is completely false." Penda said the
suspension of workers is baseless. He called for all the charges against them to be
dismissed and for workers to be reinstated in their permanent positions, with the same
benefits they enjoyed before taking part in the strike. He further called on the
supermarket's management to comply with the settlement agreement or face action
from Nafau.
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Meanwhile, he urged the public to boycott the supermarket's branches at Nkurenkuru
and Rundu until the suspended workers are reinstated. "This employer is trying to
send a message to Namibian workers that they shouldn't participate in any legal strikes
in the future. We are calling on the Namibian people to stand in solidarity with these
workers by refusing to support this business until the situation is resolved," said Penda.
The Manager of the supermarket, Jose Machado, says the employees were not
dismissed because they took part in the strike, but for breaking the strike rules. "They
were dismissed for breaking the strike rules, and all the procedures were followed.
There was a disciplinary [hearing] ... there's still an ongoing issue," he says.
Machado says 103 employees were replaced with temporary employees for the time
being. "We have replaced them because it's still an ongoing thing." He further says it
is "improper" to discuss the matter because that would be breaking the law.
Source: Nakasho/e, P. {2024). Nafau accuses Kavango supermarket of union-busting amid workers' suspensions.
https://www.namibian.com.na/kavango-supermarket-suspends-103-workers-accused-of-union-busting-tactics/
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