LAL111S - LABOUR LAW 1A - 2ND OPP - JULY 2022 :: NUST past examination papers between 2020 and 2024

Expand document

Collapse document

LAL111S - LABOUR LAW 1A - 2ND OPP - JULY 2022

1 Pages 1-10

1.1 Page 1

1.2 Page 2

1.3 Page 3

1.4 Page 4

1.5 Page 5

1.6 Page 6

1.7 Page 7

1.8 Page 8

1.9 Page 9

1.10 Page 10

2 Pages 11-20

2.1 Page 11

2.2 Page 12

2.3 Page 13

2.4 Page 14

2.5 Page 15

2.6 Page 16

2.7 Page 17

2.8 Page 18

LAL111S - LABOUR LAW 1A - 2ND OPP - JULY 2022

1 Pages 1-10

▲back to top

1.1 Page 1

▲back to top

nAmlBIA UnlVERSITY

OF SCIEnCE Ano TECHnOLOGY

FACULTY OF COMMERCE, HUMAN SCIENCESAND EDUCATION

DEPARTMENTOF SOCIALSCIENCES

QUALIFICATIONS:BACHELOROF HUMAN RESOURCESB; ACHELOROF HUMAN RESOURCES

MANAGEMENT; BACHELOROF BUSINESSAND INFORMATION ADMINISTRATION

QUALIFICATION CODES: 21BHUR;

07BHRM; 07BBIA

COURSECODE: LAL111S

SESSION:JULY 2022

DURATION: 2 HOURS

LEVEL: 5

COURSENAME: LABOUR LAW lA

PAPER:THEORY

MARKS: 100

SECOND OPPORTUNITY EXAMINATION QUESTION PAPER

EXAMINER(S) Dr. C. Harris

Ms. M.M. van Zyl

MODERATOR: Mrs. E. Wabomba

INSTRUCTIONS

1. This paper consists of 6 (six) 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 PAPERCONSISTSOF 9 PAGES(Including this front page)

1.2 Page 2

▲back to top

1.3 Page 3

▲back to top

QUESTION1

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.

1.1 Arbitration can be described as a process:

(a) Whereby an independent third party assists the parties to a dispute to try and

reach a settlement themselves.

(b) Where the duty rests upon both parties to a dispute to prove his or her claim.

the evidence presented.

(d) Whereby an independent third party, known as the arbitrator, hears the

evidence being presented by the respective parties and then determines the

dispute between them by giving an award.

(e) All of the above.

(2)

1.2 Choose the false statement from the following:

(a) Nemo iudex in sua causa means that the presiding officer may not have a

personal interest or derive any benefit from the outcome of a dispute.

(b) The right to equality and freedom from discrimination, as guaranteed in terms

of Article 10 of the Namibian Constitution, may be limited based on

reasonableness and necessity.

employee's guilt beyond reasonable doubt.

(d) Crimes can be divided into two main classes, i.e., common law and statutory

law offences.

(e) None of the above.

(2)

1.3 Law that has the full force of a statute but has been laid down by an Executive organ

of Government, authorised by Parliament, is known as:

(a) Primary legislation

(b) Common law

(d) Case law

(e) Secondary legislation

(2)

1.4 Page 4

▲back to top

1.5 Page 5

▲back to top

1.4 If it is alleged that there has been an irregularity in the procedure in a case before

Court, the aggrieved party can:

(a) Request the same Court to review the case.

(b) Request a higher Court to review the case if such a party wants the higher Court

to focus on the method of obtaining the verdict.

(d) Appeal to the Labour Commissioner.

(e) Ask for urgent interim relief until a final order has been made.

(2)

1.5 Implied terms of a contract:

(a) Can be described as those terms that are automatically incorporated into the

contract by operation of law, unless the parties expressly excluded them.

(b) Are not the same for all contracts; it depends on the class or category of

contract.

law.

(d) Are also known as the natura/iaof a contract

(e) All of the above.

(2)

1.6 Choose the false statement(s) from the following:

(a) Legislation and collective agreements are enjoying preference over the

individual contract of employment.

(b) A restraint of trade clause in a contract of employment is valid and enforceable

provided that it is not contrary to public policy.

Namibia.

(d) lncidentialiaof a contract are those terms specifically agreed upon expressly by

the parties over and above the essentialiaand those required by law.

(e) All the statements are false.

(2)

1.7 The Labour Act 11 of 2007 provides that an employee's remuneration must be paid:

(a) Whenever the employer's cash flow allows such payment.

(b) Only by direct deposit.

pay day of the employee.

(d) To the spouse if such employee is employed in a bottle store or place of

entertainment.

(e) Within one hour of commencement of duties on the normal pay day of the

employee.

(2)

1.6 Page 6

▲back to top

1.7 Page 7

▲back to top

1.8 When an employee is required to perform night work. the employer shall remunerate

such employee for the night work (in terms of the Labour Act 11 of 2007):

(a) 1½ times remuneration per hour.

(b) Double remuneration per hour.

(d) Additional payment of 6% of that employee's hourly basic wage.

(e) Additional remuneration of 10% per hour.

(2)

1.9 Choose the incorrect statement from the following:

The "no work, no pay" principle applies in a situation(s) where:

(a) The employee is absent from the workplace without a valid reason.

(b) The employee is on a lawful strike.

(d) The employee exercised his or her right to leave a dangerous place of work.

(e) Neither one of the above options.

(2)

1.10 In terms of the Labour Act 11 of 2007, the following persons can be expected to work

on Sundays and Public Holidays, even in the absence of an agreement between the

parties:.

(a) Employee performing domestic service in a private household.

(b) General work on a farm.

hospices, orphanages, and old age homes.

(d) All of the above.

(e) All of the above, except (b).

(2)

1.11 An employee must produce a medical certificate:

(a) Whenever the employer requires the employee to do so.

(b) If the employee has been absent from work due to incapacity for more than

two consecutive days, failing which, the employer is entitled to apply the

common law rule of "no work, no pay" rule.

(d) If the employee has been absent from work due to incapacity for one day on

either a Friday or Monday.

(e) Both (b) and (d)

(2)

1.8 Page 8

▲back to top

1.9 Page 9

▲back to top

1.12 Choose the correct statement:

(a} A female employee who has completed at least 6 months of continuous service

shall be entitled to maternity leave of at least 12 weeks.

(b} A female employee who has completed at least 12 months continuous service

shall be entitled to fully paid maternity leave of at least 4 (four) months.

(b} An employee may decide whens/he wants to take annual leave.

a person registered as a medical practitioner in terms of the Medical and Dental

Professions Act.

(d} Neither one of the above options.

(2)

1.13 Dismissal is a very drastic and final stage of discipline and may be used only:

(a) After a previous warning for the same offence.

(b) lfthe misconduct was so serious that it renders the continuation of the contract

impossible, or the employee's actions amount to repudiation of the contract.

(d} Once the Court convicted the accused employee on a criminal charge and

sentenced him/her to imprisonment without the option of the payment of a

fine.

(e) Neither one of the above options.

(2)

1.14 In order to apply the principle of progressive discipline:

(a} An employer is obliged to introduce a disciplinary code at the workplace.

(b) An employer must have a disciplinary code being approved by the Labdur

Commissioner.

behaviour by means of a graduated system of sanctions or penalties.

(d) An employer can impose a more serious sanction where the employee

committed a different offence to the one for which s/he received a warning.

(e) A hearing should always precede any sanction.

(2}

1.15 Choose the false statement(s) from the following:

(a) The general rule is that a person cannot be held liable for the delicts of others.

(b) The Labour Act 11 of 2007 provides that, unless certain exceptions apply, an

employer can be held liable if, among others, a manager contravenes the said

Act.

if the employee committed an act expressly prohibited by the employer or

which is illegal.

1.10 Page 10

▲back to top

2 Pages 11-20

▲back to top

2.1 Page 11

▲back to top

{d) An employer is always bound by a contract concluded by an employee in the

name and on behalf of the employer.

{e) None of the above.

{2)

[30)

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 A written statement of events made by a person who swears that it is true in the

presence of a person duly authorised to administer an oath.

{1)

2.2 An unlawful act or omission for which the wrongdoer is liable for punishment by the

State.

{1)

2.3 A partner in a civil marriage or a customary law union or other union recognised as a

marriage in terms of any religion or custom.

{1)

2.4 The cash equivalent of this type of payment may not exceed one-third of the

employee's basic wage.

(1)

2.5 A clause in a contract of employment whereby an employee is prevented from starting

his or her own business in competition with the employer or working for a

competitor{s) for a specified period in a specified geographical area after leaving the

services of an employer.

{1)

2.6 The Courts in Namibia that deal with both civil and criminal matters, but it does not

have jurisdiction in respect of the crimes of high treason, murder, and rape.

{1)

2.7 A Court order declaring the rights of the parties.

{1)

2.8 Failure of an employee to obey work-related orders.

{1)

2.9 The period from the time an employee first starts work in any 24 hour-cycle to the time

the employee finally stops work in that cycle.

{1)

2.10 Cancellation {termination) of a contract of employment without any notice is known

as__

(1)

[10)

2.2 Page 12

▲back to top

2.3 Page 13

▲back to top

QUESTION 3

Answer the following questions with reference to the common law and/or the relevant

labour legislation:

3.1 NamTrack offered Filemon a contract of employment in the position of train

conductor. One of the clauses in the contract stipulates that the contract period is from

1 July 2021 until 31 December 2022. Against the backdrop of the Labour Amendment

Act 2 of 2012, critically discuss the said stipulation in Filemon's contract.

(S}

3.2 Suppose in 3.1 above that Filemon accepted the position of employment and upon

commencement of his duties, he was told that he must first serve a probation period

of six months during which he will not qualify for benefits such as housing and medical

aid. Filemon wants to know whether he may be treated differently from other

employees doing the same or similar work. Advise Filemon.

(3}

3.3 Upon successful completion of his probation period, Filemon was told that he must

now sign a new contract of employment. The employer added a new clause in this

latest contract, stating that his bonus payment is no longer a guaranteed benefit, but

shall depend on his performance. Discuss Filemon's legal position.

(S)

3.4 Suppose Filemon has agreed to work overtime. He wants 'to know whether he is

entitled to any extra payment for overtime work, since his contract of employment is

silent on this aspect. Advise Filemon.

(2)

[15]

QUESTION 4

Mrs. Williams recently opened a bookstore on Independence Avenue, Windhoek. She has two

students in her employment to assist her in the shop in the mornings and afternoons

respectively.

Answer the following questions (in terms of the common law and Labour Act 11 of 2007,

whichever is applicable in the given circumstances}:

4.1 Advise Mrs Williams on the following rules regarding working hours for her employees:

(a} Maximum daily and weekly hours

(2)

(b) Maximum daily and weekly overtime hours

(2}

(c} Maximum daily spread-over.

(1)

4.2 Suppose a Public Holiday falls on an ordinary working day. Discusswhether employees

should be remunerated for such days (although they have not worked}.

(3)

2.4 Page 14

▲back to top

2.5 Page 15

▲back to top

4.3 Mrs. Williams wants to know whether her assistants are entitled to a meal interval.

Briefly discuss the general right of employees to be granted a meal interval.

(3)

4.4 Provide a broad overview of the provisions relating to compassionate leave.

(4)

[15)

QUESTION 5

Answer the following questions with reference to the common law and/or the relevant

labour legislation:

5.1 Mr Hassan, the principal of a religious school (Gobabis Grace Academy), received a final

written warning, without a disciplinary hearing, from the School Board for assaulting

one of the parents (Mr Bones) on the school grounds on the day Mr Hassan discovered

that Mr Bones is having an affair with his (Mr Hassan's) wife. Decide whether Mr

Hassan was treated fairly, including brief reference to the criteria to judge the fairness

of a legal process in general.

(8)

5.2 Mr Hassan wants to lodge an internal appeal against the penalty and wants to know

the difference between the concepts of appeal and review respectively. Briefly explain.

(2)

5.3 Suppose in 5.1 Mr Bones suffered a stroke as a direct consequence of Mr Hassan's

assault. Mr Bones was booked off (unpaid) for 3 months. Briefly discuss whether Mr

Bones can institute a claim against Mr Hassan's employer, Gobabis Grace Academy?

Discuss in detail.

(5)

[15)

QUESTION 6

Thomas is in the employment of Beat-It Panel Beaters & Spray Painters CC (referred to as

"Beat-It" in the questions below) as a spray painter, working from 08h00 - 16h30 from

Mondays to Fridays.

Answer the following questions with reference to the common law and/or the relevant

labour legislation:

6.1 Thomas operates his own private panel beating and spray-painting business after

hours and over weekends at his home. Discuss whether Thomas is breaching any of his

obligations towards his employer.

(5)

2.6 Page 16

▲back to top

2.7 Page 17

▲back to top

6.2 Thomas's newly appointed supervisor, a certain Mr Grumpy, would like to extend the

working hours of all the employees of Beat-It from 08h00 - 18h00 on Mondays to

Fridays (exclusive of the meal interval from 13h00 - 14h00}; he also wants them to

work every alternative Saturday from 08h00 - 13h00. Discusswhether Mr Grumpy is

entitled to introduce these changes and the legal position of the employees of Beat-It

when confronted with this suggestion.

(5)

6.3 Mr Grumpy (supervisor and acting Human Resources Manager) wants to update some

of the human resources policies at Beat-It. He requires your advice on the role of a

disciplinary code at the workplace. Briefly discuss.

(5}

[15)

Grand Total: 100

GOOD LUCK!!

2.8 Page 18

▲back to top

2021-05- 0 J

I M~A~OFCEPEAtriME~ff

SOEi~LSt!ENC~S

·-