 |
ELL812S - Evidence in Labour Law - 2nd Opp - Nov 2025 |
|
|
1 Page 1 |
▲back to top |
~
nAmlBIA unlVERSITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES AND 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: NOVEMBER 2025
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
EXAMINER(S)
SECOND OPPORTUNITY QUESTION PAPER
MR OHMS M KAYAMA
MODERATOR: DR FELIX MUSUKUBILI
1. Answer ALL the questions.
INSTRUCTIONS
2. Write clearly and neatly.
3. Number the answers clearly.
PERMISSIBLE MATERIALS
1. EXAM PAPER.
2. PEN AND PENCIL.
THIS EXAM QUESTION PAPER CONSISTS OF 3 PAGES {Including this front page)
|
|
2 Page 2 |
▲back to top |
QUESTION 1
Scenario:
A security guard was dismissed for alleged theft of diesel. During the disciplinary hearing, the
employer relied on CCTV footage showing a guard near a tanker at night but no direct evidence
of theft. The guard denied wrongdoing and claimed he was inspecting the area.
Question:
Discuss, with reference to the Labour Act 11 of 2007 and relevant case law:
1. Who bears the burden of proof in this case? (5)
2. What is the applicable standard of proof? (5)
3. Whether circumstantial evidence such as the CCTV footage can be sufficient to justify
dismissal. (10)
(20)
QUESTION 2
Scenario:
At an arbitration hearing, the employer submits a written statement from a former employee
who allegedly witnessed the misconduct. The witness has since emigrated and cannot attend
the hearing. The employee's representative objects to the statement as hearsay.
Question:
Evaluate whether this statement should be admitted as evidence and what principles the
arbitrator should apply in deciding admissibility. Refer to the Rules Relating to the Conduct of
Conciliation and Arbitration and case law.
(20)
QUESTION 3
Scenario:
During a disciplinary hearing, two witnesses testified against an employee accused of gross
negligence. One witness gives a confident but inconsistent account while the other is
uncertain but consistent.
Question:
Explain how a fair and reasonable chairperson should assess the credibility and reliability of
these witnesses and decide whose version to accept. Discuss key legal principles and case
authority as discussed in class.
(20)
2
|
|
3 Page 3 |
▲back to top |
QUESTION 4
Scenario:
An employee was dismissed after an audio recording surfaced in which he appeared to admit
falsifying overtime claims. The employee contends the reco rding was taken secretly and
without his consent.
Question:
As an arbitrator, explain how you would determine:
1. Whether the recording is admissible.
2. How to balance the employee's right to privacy under Article 13 of the Constitution
with the employer's right to protect its business; and
3. How to weigh such evidence when writing you r findings.
(20)
QUESTION 5
Scenario:
In a disciplinary hearing, the chairperson found an employee guilty of misconduct for leaving
work early without permission . The finding simply stated :
"The employee is guilty because the evidence shows he left before 17h00."
Question:
Critically analyze whether this constitutes a reasoned finding in law. Discuss what a valid and
legally sound finding should contain and why reasoned decisions are crucial for procedural
fairness and reviewability.
(20)
Total Marks [100]
............ ...... ............................... END OF EXAMINATION PAPER .... ...... ...... ......... ..............................
3