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IRL712S - INDUSTRIAL RELATION - 2ND OPP - NOV 2024 |
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nAm I BI A u n IVE RS ITV
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES AND EDUCATION
DEPARTMENT OF GOVERNANCE AND MANAGEMENT SCIENCES
QUALIFICATION: BACHELOR OF HUMAN RESOURCES MANAGEMENT
QUALIFICATION CODE: 07BHRM
LEVEL: 7
COURSE CODE: IRL712S
SESSION: JANUARY 2024
COURSE NAME: INDUSTRIALRELATIONS
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
SECOND OPPORTUNITY/SUPPLEMENTARY EXAMINATION QUESTION PAPER
EXAMINER(S) Mr Elias Kandjinga
Mr Ohms Kayama
Dr F. Musukubili
MODERATOR:
1. Answer ALL the questions.
INSTRUCTIONS
2. You are expected to apply your subject knowledge to the questions.
3. Write clearly and neatly.
4. Number your answers clearly.
PERMISSIBLE MATERIALS
1. Pen
2. Ruler
THIS QUESTION PAPER CONSISTS OF 5 PAGES (Including this front page)
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Section A {Answer all the questions)
Question 1
Read the foll'owing case study and answer all the following questions.
[65 marks]
TransNamib, Natau return to negotiation table
TransNamib has called the Namibia Transport and Allied Workers Union (Natau) back
to the negotiation table, hoping to bring an end to the strike that threatens to bring
the embattled railway carrier to its knees. On Thursday, the company wrote to the
bargaining union, asking for an engagement on employees' wages, which was one of
the reasons why workers downed tools. "This communication serves to confirm that
management has been provided with a new mandate by the TransNamib board of
directors to engage Natau on the protracted wage negotiations," said human capital
executive Webster Gonzo in a letter. The company has requested that while
negotiations are ongoing, Natau should suspend the strike until such a time that an
agreement on wages is reached. However, the union's secretary general Narina
Pollmann on Thursday wrote back, saying it will not cease the strike. "We are available
and ready to commence with negotiations even today because we do not want this
matter to be protracted any longer as it has already been," said Pollmann then. The
negotiations are expected to commence today.
The workers have been on strike for two weeks after the union and TransNamib
reached a deadlock during salary negotiations after the company said it did not have
funds to effect an increase. The company suffered a further setback when both board
chairperson Lionel Matthews and his deputy Sigrid Tjijorokisa resigned from their
positions on the same day, 17 August 2022. Their resignations stem from a
disagreement over the extension of the contract of CEOJohny Smith, and the alleged
muzzling of a forensic report by Ernst and Young (EV) into the management of the
company.
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In her resignation letter addressed to Minister of Finance lpumbu Shiimi, Tjijorokisa
objected to the renewal of the contract of Smith for another five years, a view the
chairperson disagreed with. Matthews said he was resigning as he would not allow his
reputation and his character to be drawn into question. EV was commissioned to
investigate certain irregularities within the national railway company last year.
However, that report has not officially been released as yet. Tjijorokisa indicated in the
letter that on 4 March 2022, the then Minister of Public Enterprises Leon Jooste
informed her that "many of the allegations forming the subject matter of this
investigation are relevant".
This communication has been shared with the board, she added. Subsequent to this,
the report was handed over to the new chairperson (Matthews), and she alleged that
the chairperson elected not to share this report with the board. In his resignation
letter, however, Matthews said the EV report is still not finalised. The employees in
2019 requested a salary increase of 18% for workers who fall within the A band, 15%
for those within the B band, and 13% for the C band. This offer was rejected by
TransNamib. The employees went back to the drawing board and reduced their
demands. They presented the company with three options: firstly, a salary increase of
15% for employees within the A band, 13% for the workers falling within the B band,
and 9% for those within the C band.
In the second option, the employees were willing to settle for an increase of 7% for
the A band, 5.5% for the B band, and 3.5% for the C band. The last option presented
by the workers in October 2021 was for the organisation to give a salary increase of
7% across the board. During the ongoing strike, the rail parastatal has accused the
employees of not adhering to strike rules, and on 19 August opened a case of malicious
damage to property in Walvis Bay. According to a police report, suspects cut open
three vacuum tanker pipes on a train with unknown objects. The damage has affected
the mobility of the train. The value of the properties damaged is N$330 000. No one
has been arrested in connection with the allegations. The employees denied claims
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that they allegedly violated strike rules at Tsumeb, Walvis Bay, Windhoek and
Keetmanshoop. The workers were reacting to a media statement issued by the
company, pointing at them allegedly having intimidated, harassed and damaged
company equipment at the four train stations when they found some non-striking
employees performing official duties there.
"Bullying, intimidation and harassing of any non-striking worker or damaging company
equipment is an absolute violation of the strike rules, and as such, we will now use the
legal recourse to remedy the matter," TransNamib vowed in a media statement.
Source New Era Newspaper, 2022-08-29; additional reporting by Nampa
1. Having read the case study, describean employment relationship, and classifyand
discussthe needs TransNamib employees are striving to achieve.
(12}
2. In your view, why do you think TransNamib management reversed their decision
and requested the trade union (Natau) to return to the negotiation table?
(8)
3. Discusshow each party in a tri-partite employment relationship model played its
role in influencing the outcome of the labuor dispute at TransNamib. (15}
4. Based on the case study, discussthree (3) appropriate methods used by Natau to
achieve their trade union objectives.
(6)
5. Explain in practice how Conciliation as a dispute resolution method could have
prevented this industrial action and why it could not in this case.
(12}
6. Based on the case study, do you regard this labour dispute a dispute of right or
dispute of interest? Justifyyour choice including why it is not what you chose.
(12)
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Section B (Answer all the questions)
[35 marks]
Question 1
1. Discuss briefly: can an employee discipline his/her employer? Also, answer this
question in reverse.
(10)
2. Discussbriefly: is a grievance part and parcel of Namibia's labour law, and can it be
enforced legally?
(10)
3. In a short summary, how did Industrial Relations (IRL712S) as a course shape your
understanding of employment relationships in the world of work? How do you
foresee applying what you have learned thus far? 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!
Total Marks: 100
Good Luck!
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