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LAL112S - LABOUR LAW 1B - 2ND OPP - JAN 2020 |
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NAMIBIA UNIVERSITY
OF SCIENCE AND TECHNOLOGY
FACULTY OF HUMAN SCIENCES
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATIONS: BACHELOR OF HUMAN RESOURCES; BACHELOR OF HUMAN RESOURCES
MANAGEMENT; BACHELOR OF BUSINESS AND INFORMATION ADMINISTRATION
QUALIFICATION CODES: 21BHUR;
.
07BHRM; O7BBIA
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COURSE CODE: LAL 1125S
COURSE NAME: LABOUR LAW 1B
SESSION: JANUARY 2020
PAPER: THEORY
DURATION: 2 HOURS
MARKS: 100
SECOND OPPORTUNITY/SUPPLEMENTARY EXAMINATION QUESTION PAPER
EXAMINER(S) Ms. M.M. van Zyl
Mr. C. Harris
MODERATOR:
Mrs. H. von Alten
INSTRUCTIONS
This paper consists of 7 (seven) questions.
All questions are compulsory.
All questions must be answered in your Examination Book
Read all questions carefully before answering.
Incorrect spelling and illegible handwriting may prevent mark allocation.
PERMISSIBLE MATERIALS
1. Calculator
THIS QUESTION PAPER CONSISTS OF 9 (NINE) 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.
Only write the chosen letter next to the corresponding question number in your
examination book.
1.1 A dismissal is automatically unfair if the reason for it is that the employee:
(a)
Discloses information that the employee is entitled or required to disclose to
another person.
(b)
Refuse to follow lawful and reasonable instructions of the employer.
(c)
Belongs to a trade union
(d)
All of the above.
(e)
Both (a) and (c).
(2)
1.2
In terms of the Labour Act 11 of 2007, what will be the notice period if an employee
terminates his/her contract of employment by notice within the first month of
employment?
(a)
One working day
(b)
One week
(c)
One month
(d)
14 days
(e)
Neither one of the above options
(2)
1.3
An employer has the duty to negotiate in good faith with the trade union recognised
as exclusive bargaining agent or, in the absence of such trade union, with the
workplace union representative(s) and the employees, whenever the employer
intends to terminate contracts of employment based on operational requirements.
Good faith implies that the employer must:
(a)
Look after its own interests.
(b)
Have an honest and serious intention to reach an agreement.
(c)
Make concessions.
(d)
Give in to the demands of the employees.
(e)
Both (b) and (d)
(2)
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1.4
For the purposes of a claim of constructive dismissal in terms of the Labour Act 11 of
2007, sexual harassment is defined as:
(a)
Any unwarranted conduct of a sexual nature.
(b)
Any unwarranted conduct of a sexual nature, which constitutes a barrier to
equality in employment, where the victim had made it known to the
perpetrator that s/he finds the conduct offensive and the perpetrator should
have reasonably realised that the conduct is regarded as unacceptable.
(c)
Any unwarranted conduct of a sexual nature, which constitutes a barrier to
equality in employment, where the victim had made it known to the
perpetrator that s/he finds the conduct offensive or the perpetrator should
have reasonably realised that the conduct is regarded as unacceptable.
(d)
Any unwarranted conduct where the victim had made it known to the
perpetrator that s/he finds the conduct offensive.
(e)
All of the above options.
(2)
1.5
Choose the incorrect statement:
A registered trade union shall have the right to:
(a)
Bring a case on behalf of its members and to represent its members in any
proceedings brought in terms of the Labour Act 11 of 2007.
(b)
Have access, subject to such reasonable conditions, to any premises under the
control of such employer in order to enable such office-bearer, official or
person to perform any of his or her functions in terms of the Labour Act.
(c)
Negotiate with the employer the terms of, and enter into, a collective
agreement.
(d)
All of the above.
(e)
Neither one of the above options.
(2)
1.6 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.
(c)
Employers must require the non-striking workers to do the work of the striking
workers.
(d)
As a general rule, an employer is not allowed to hire any individual to perform
the work of a striking or locked-out employee.
(e)
Striking workers are exempted from any claim for damages caused during the
strike action.
(2)
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1.7 Employees may not strike and employers may not lock out employees where the
dispute concerns:
(a)
Forced labour.
(b)
The failure of an employer to provide employees with protective clothing.
(c)
Recognition of a registered trade union as an exclusive bargaining agent.
(d)
A unilateral change in the terms and conditions of service of employees.
(e)
All of the above.
(2)
1.8
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.
(c)
Engaging in conduct that subverts orderly collective bargaining or intimidation
of any person.
(d)
Unfair dismissal.
(e)
Unfair disciplinary action.
(2)
1.9 Any party to a dispute concerning any basic condition of employment (in terms of the
Labour Act 11 of 2007), may refer such dispute 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)
Only if 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)
If it can be categorised as a dispute of interest.
(e)
Neither one of the above options.
(2)
1.10 An arbitration award:
(a)
Is binding, unless the award is advisory.
(b)
Is automatically 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)
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1.11 In terms of the Social Security Act 34 of 1994, as amended:
(a)
A woman who takes up other employment during the time that she is receiving
maternity leave benefits will still be entitled to the full maternity leave
benefits.
(b)
The Social Security Commission is entitled to review any benefits granted, in
certain prescribed circumstances.
(c)
Death benefits are payable to the member’s dependants, unless there are no
dependants, in which event it shall be payable into the deceased estate.
(d)
The death benefit is only payable in the event of the death of the member.
(e)
Both (b) and (c).
(2)
1.12 In terms of the Social Security Act 34 of 1994, sick leave benefits shall be payable:
(a)
For a maximum period of two consecutive years.
(b)
For a minimum period of two consecutive years.
(c)
In respect of a member who was incapable for at least 10 consecutive days.
(d)
Irrespective of any other compensation or remuneration which a member may
receive.
(e)
Neither one of the above options.
(2)
LwkS Choose the incorrect statement:
In any conciliation or arbitration proceedings:
C)
A party to a dispute may appear in person.
(b)
Any party may be represented by a member, office bearer or official of that
party’s registered trade union or registered employers’ organisation.
(c)
If the party is an employee, such employee may be represented by a co-
employee
(d)
A party to a dispute may under no circumstances be represented by a legal
practitioner.
(e)
If the party is a juristic person, representation is allowed by a director, member
or employee of that juristic person.
(2)
1.14 The Employees’ Compensation Act 30 of 1941 does not apply to:
(a)
Employees employed in dangerous workplaces.
(b)
Employees earning more than a prescribed maximum per annum.
(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)
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1.15 In terms of the Labour Act 11 of 2007, it shall not be deemed as discrimination to:
(a)
Distinguish, exclude or prefer any individual on the basis of such person’s
political opinion.
(b)
Temporarily reassign the duties of a female employee who is pregnant, even if
it leads to a reduction in remuneration or other benefits.
(c)
Select, for the purposes of employment or occupation, any person according
to reasonable criteria.
(d)
Distinguish, exclude or prefer any individual solely on the basis of the person’s
HIV status.
(e)
None of the above.
(2)
[30]
QUESTION 2
Decide in each of the following instances whether the statement is true or false and
motivate your answer.
Beak A workplace union representative may perform the functions of that office within
working hours.
(2)
2.2 Every employee, as defined by the Labour Act 11 of 2007, should be registered with the
Social Security Commission in terms of the Social Security Act 34 of 1994.
(2)
2.3 All employers in Namibia shall comply with the Affirmative Action (Employment) Act 29
of 1998.
(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 In terms of the Employees’ Compensation Act 30 of 1941, both employers and
employees contribute monthly on a 50-50 basis to the Accident Fund.
(2)
[10]
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QUESTION 3
Charlies Chocolate Factory CC (Charlies) became famous for its delicious handmade Belgian
chocolates. It is now supplying chocolates to all the major outlets and hotels in Namibia and
even expanded business to Angola. Due to the increased popularity, the demand is now far
exceeding the supply. A member of the enterprise, Mr. Beyers, is in the process of importing
machines, which could produce chocolates at a much faster pace than by hand. The
productive capacity of these machines will inevitably lead to job losses.
Answer the following questions in terms of the Labour Act 11 of 2007:
3.1 Briefly explain whether Charlies is entitled to terminate the contracts of employment
of those employees whose positions became redundant.
(3)
3.2 Give a broad outline of of the steps to follow when an employer needs to reduce the
workforce in the circumstances described in 3.1 above.
(5)
3.3. List the 5 (five) aspects on which the parties have to negotiate, when this type of
dismissal is contemplated.
(5)
3.4 Briefly set out the circumstances where the employer has the duty to pay severance pay.
(5)
3.5 How is severance pay calculated?
(2)
[20]
QUESTION 4
The Namibia Public Workers Union (NAPWU) is seeking a salary increase of 16 % for all
employees employed by the Namibian Broadcasting Corporation (NBC). NBC is prepared to
offer an 8% increase. The parties have reached a deadlock and a dispute is declared.
Answer the following questions:
4.1 NAPWU intends to call out a strike action. Advise the officials of NAPWU of all the legal
requirements that have to be met before the workers could actually go on strike. (5)
4.2. The workers would like to know whether they are entitled to any payment during the
period that they are on strike.
(2)
4.3 Suppose the workers commenced with a legal strike action. However, during this time,
some of the strikers became very violent and damaged company property. Advise the
NBC whether they have any claim against the trade union and/or workers. Discuss with
reference to the general rule and exceptions applicable.
(3)
[10]
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QUESTION 5
Mr. Nashandi, a senior financial clerk, has been informed that his daily working hours of 8
hours will increase to 9 hours per day as from the 1% working day next month. No reason was
given for this decision and there was no consultation to seek a mutual agreement to this
effect.
5.1 What is meant by the concept “managerial prerogative”?
(2)
5.2. Is Mr. Nashandi’s employer guilty of an unfair labour practice? Explain.
(3)
5.3 Briefly describe the process of referral of a dispute of an unfair labour practice to the
Labour Commissioner.
(2)
5.4 Briefly discuss the effect and enforcement of an arbitration award.
(3)
[10]
QUESTION 6
John recently qualified as an electrician and decided to open his own business, called
“WeFixAll 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 you to advise him about
the following:
6.1 The duties of WeFixAll CC in terms of the Social Security Act 34 of 1994. Explain in detail.
(5)
6.2. The duties of WeFixAll CC in terms of the Employees’ Compensation Act 30 of 1941 in
the event of an accident, as defined in terms of the aforesaid Act. Explain briefly. (5)
[10]
QUESTION 7
Biofuel Namibia Ltd (BN), a relevant employer in terms of Section 20 of the Affirmative Action
(Employment) Act 29 of 1998, advertised a position of webmaster at the company’s head
office in Windhoek.
7.1 Complete the missing words in the following sentence:
Affirmative action is defined in the Affirmative Action (Employment) Act as a set of
affirmative action measures to ensure that persons in groupsenjoy___ employment
opportunities.
(2)
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7.2 In terms of the Affirmative Action (Employment) Act 29 of 1998, there are three groups
whose members are to benefit by the implementation of affirmative action measures.
List these groups.
(3)
7.3 Suppose you are the Human Resources Manager of BN. Explain to your top management
the requirements laid down, in terms of Section 19 of the Affirmative Action
(Employment) Act 29 of 1998, when appointments are made.
(5)
[10]
Grand Total: 100
GOOD LUCK!!