LAL111S- LABOUR LAW 1A - 1ST OPP - JUNE - 2025 :: NUST past examination papers between 2021 and 2025

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LAL111S- LABOUR LAW 1A - 1ST OPP - JUNE - 2025

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LAL111S- LABOUR LAW 1A - 1ST OPP - JUNE - 2025

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nAmlBIA unlVERSITY

OF SCIEnCE AnD TECHnOLOGY

FACULTYOF COMMERCE,HUMAN SCIENCESAND EDUCATION

DEPARTMENTOF SOCIALSCIENCES

QUALIFICATIONS:BACHELOROF HUMAN RESOURCESB; ACHELOROF HUMAN RESOURCES

MANAGEMENT; BACHELOROF BUSINESSAND INFORMATION ADMINISTRATION

QUALIFICATIONCODES: 21BHUR;

07BHRM; 07BBIA

COURSECODE: LAL111S

SESSION:JUNE 2025

DURATION: 2 HOURS

LEVEL: 5

COURSENAME: LABOURLAW 1A

PAPER:THEORY

MARKS: 100

FIRSTOPPORTUNITYEXAMINATION QUESTIONPAPER

EXAMINER(S)

Ms. KO CLAASEN

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.

PERMISSIBLEMATERIALS

1. Calculator

THIS QUESTION PAPERCONSISTSOF 8 PAGES(Including this front page)

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QUESTION1

Choosethe correct answer from the given options in each of the following questions. There is

only ONEcorrect 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 The processwhereby an independent third party assiststhe parties to a dispute to try

to reach a settlement themselves:

(a) Conciliator

(b) Arbitration

(d) Litigation

(e) Assessor

(2)

1.2 In a civil action:

(a) The plaintiff must prove his or her case beyond reasonable doubt.

(b) The parties are known as the Complainant v the Accused.

whose favour the judgment was made.

(d) The punishment can take the form of a fine, imprisonment or even community

service.

(e) Neither one of the above.

(2)

1.3 Caselaw is also known as:

(a) Judge's law

(b) Customary law

(d) Judicial precedents

(e) None of the above.

(2)

1.4 The most important source of law in Namibia is:

(a) Legislation

(b) Caselaw

(d) Roman-Dutch law

(e) Law made by the Honourable President of the Republic of Namibia.

(2)

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1.5 The Namibian Constitution restricts work done by children as follows:

(a) No person under the age of 14 years may perform any type of work.

(b) No person under the age of 16 years may perform any type of work.

(d) No person under the age of 16 years may perform work that is likely to be

hazardous or to interfere with their education, or to be harmful to their health

or physical, mental, spiritual, moral, or social development.

(e) Neither one of the above.

(2)

1.6 An employee on probation:

(a) May be dismissed for incompetence without a formal hearing.

(b) Must receive the same treatment as any other employee in relation to the

termination of services, i.e., the requirements of substantive and procedural

fairness.

(d) May not be appointed for an indefinite term.

(e) Neither one of the above options.

(2)

1.7 In order to protect its trade secrets after an employee's services had been terminated,

an employer can:

(a) Refuseto provide the employee with a certificate of service.

(b) Refuseto provide the employee with a testimonial.

(d) Include a restraint of trade clause in the contract of employment.

(e) Include a condition in the contract of employment.

(2)

1.8 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)

1.9 In terms of the Labour Act 11 of 2007, remuneration:

(a) May consist partly in cash and partly in kind, provided that the payment-in-kind

portion is by agreement, and it does not exceed one-third of the employee's

basic wage.

(b) Consists of that part of the salary that is paid in money only.

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the cash value of the payment in kind, but excluding any allowances.

(d) Is always subject to a minimum amount payable, irrespective of the industry.

(e) None of the above.

(2)

1.10 Choosethe correct statement:

In terms of the Labour Act 11 of 2007:

(a) A female employee who has completed at least 12 months of continuous

service shall be entitled to fully paid maternity leave of at least 3 (three)

months.

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

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

(d) A medical certificate can only be issued by a person registered as a medical

practitioner in terms of the Medical and Dental Professions Act.

(e) Neither one of the above options.

(2)

1.11 Choosethe correct statement(s) from the following:

(a) A hearing held in the absence of the accused employee is always regarded as

unfair.

(b) An employee is always entitled to be represented by his/her legal practitioner

at a disciplinary hearing.

the organisation or institution.

(d) One of the rules of natural justice is known as the nemo iudex in sua causa rule,

which means an employee may be dismissed without a disciplinary hearing if

such employee admitted being guilty of serious breach of contract.

(e) One of the rules of natural justice is known as the audi a/teram partem rule,

which means "listen to the other side".

(2)

1.12 In order to apply the principle of progressivediscipline:

(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 Labour

Commissioner.

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

(d) A hearing should always precede any sanction.

(e) None of the above.

(2)

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1.13 The following are the common law remedies open to an employee if his/her employer is in

breach of contract:

(a) Reinstatement and cancellation and damages

(b) Specific performance and cancellation or re-employment

payment for lossessuffered (known as damages);

(d) A promotion and payment for lossessuffered.

(e) Neither one of the above options.

(2)

1.14 Summary termination (cancellation of the contract of employment without giving the

required notice) is possible if:

(a) Either party committed any form of breach of contract.

(b) The innocent party waives his right to claim damages in addition.

(d) Only if such ruling is given in terms of an arbitration award.

(e) None of the above.

(2)

1.15 An employer will be bound by a contract concluded by its employee if:

(a) The employee acted within his/her authority.

(b) The employer is guilty of a representation that the said employee does have

the necessary authority to conclude the contract on its behalf, i.e., apparent

authority.

authority to enter into the contract in the name and on behalf of the employer.

(d) All of the above.

(e) Both (a) and (b)

(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 The clause in a contract whereby Emmy is prevented from working in the vicinity of

Ondangwa as a pastry chef for a period of two years after the termination of her

Employment at Gourmet PastriesCC.

(1)

2.2 An unlawful act or omission that causes harm to the person, property, or personality

of another, for which the wrongdoer can be ordered to compensate the victim. (1)

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

of government, authorised by Parliament.

(1)

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2.4 The labour official responsible for, among others, the registration of disputes from

employees and employers and to take appropriate action.

(1)

2.5 Judge Shilongo ordered the Namibia Retail and Wholesale Workers Union not to

continue with their planned strike action tomorrow.

(1)

2.6 The provisions regarding overtime work, except where it relates to payment of

overtime, do not apply to employees performing this classof work.

(1)

2.7 Sam is unhappy about an award given by an arbitrator at the Office of the Labour

Commissioner in Windhoek, believing that the arbitrator has made a mistake on the

application of the law. The matter can be taken on appeal to the __

in terms of

section 89 of the Labour Act 11 of 2007.

(1)

2.8 This common law rule does not apply in a situation where the employee exercises his

or her right to leave a dangerous place of work.

(1)

2.9 An employee who performs overtime on a Public Holiday must receive_ the hourly

basic wage for each hour worked.

(1)

2.10 Discipline by means of a graduated system of sanctions or penalties imposed to give

the employee an opportunity to absorb the rules of the workplace, is known as the

principle of __ .

(1)

[10]

QUESTION 3

Mr. Sharky is a skipper of a hake vessel for Nemo Fisheries.When he accepted the appointment as

skipper, he signed a written contract with Nemo Fisheriesin terms of which he was, among others,

entitled to compassionate leave, sick leave and membership of the company's medical aid fund. The

contract furthermore provided that Mr. Sharky would be responsible for Nemo's vessel at sea, that

he would earn commission (calculated on the weight of fish caught) and be responsible for hiring,

managing and paying the crew, but he was not allowed to do any other private work. He had to take

21 trips to sea per month and was not allowed to return to shore early without the permission of

Nemo Fisheries.

Answer the following questions:

3.1 Name the 2 (two) types of contracts of service.

(2)

3.2 Why is it important to be able to identify the type of contract of service?

(2)

3.3 Advise Mr. Sharky what type of contract of service he has entered into with reference to the

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different tests that could be applied to identify what type of contract of service the parties

have concluded.

(6)

(10]

QUESTION 4

Mr. Tjirare recruits Mr. Matsai to chop wood for a charcoal factory at Outjo. In terms of an

oral contract of employment, Mr. Matsai will receive a remuneration of N$ 500 per ton of

wood or if he works hard, N$ 600 per ton of wood. In terms of the agreement, Mr. Matsai uses

his own tools, but he is told where to chop wood and what kind of wood. He, however, is not

required to chop a certain amount of wood in a day; he has no fixed hours of attendance, and

he is also permitted to do other private work.

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

labour legislation:

4.1 Name the two types of contracts of service.

(2)

4.2 Why is it important to be able to identify the type of contract of service?

(2)

4.3 Decide what type of contract of service Mr. Matsai has concluded with Mr. Tjirare.

Motivate your answer by referring to the different common law tests that could be

applied to identify what type of contract of service the parties have concluded. (6)

(10]

QUESTION 5

Angela commenced working as a cashier at Shop and Save (Pty) Ltd, Swakopmund, about a

month ago. She entered into a verbal contract of employment, setting out the nature of

service and remuneration payable.

Angela works five days per week, 9 hours per day. At times, she also needs to work on Sundays

and Public Holidays. She earns a basic salary of N$ 1 200 per month and, in addition, she

receives a transport allowance of N$ 300 per month

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

labour legislation:

5.1 Angela wants to know more about her rights and duties at the workplace, i.e., her

individual terms and conditions of employment. AdviseAngela on the processto follow

(sources to consult) to determine her rights and duties.

(5)

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5.2 The maximum ordinary working hours per week Angela could be expected to work.

(1)

5.3 Suppose Angela had worked 2 (two) hours overtime this past Friday (not a Public

Holiday) and calculate her payment in respect of the said overtime work. (You must

also include in your answer an explanation of your method of calculation.)

(5)

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

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

(4)

5.5 DiscussAngela's annual leave entitlement.

(3)

5.6 Briefly set out Angela's sick leave entitlement.

(2)

[20]

QUESTION 6

While operating a SO-ton vehicle at Black Mountain Uranium Mine (Pty) Ltd, Tombo, an

employee of the mine, caused an accident by allowing his vehicle to hook onto certain

electrical cables, dragging them down and seriously injured five of his fellow employees. In

the process,Tombo also bumped and fractured his skull againstthe side of the vehicle. Tombo

would not have been injured if he adhered to the company's safety requirements to wear a

hardhat on site. He was immediately taken to hospital, where he was treated and also tested

for the intake of alcohol. It was established that the alcohol content of his blood was

significantly beyond the legal limit. He also showed apparent symptoms of being under the

influence of alcohol; in particular, he smelt of alcohol, had red eyes and demonstrated a

general appearance of being intoxicated.

The manager ofTombo's employer, certain Mr. No Nonsense,approaches you for legal advice

on the following:

6.1 Mr. No Nonsensewants to summarily dismissTombo on the day after the incident took

place. Briefly set out the requirements for a fair dismissal in these circumstances.

(8)

6.2 Could the company be held liable for the injuries sustained by Tombo and the other

employees as a result of this incident?

(7)

6.3 Briefly discuss the legal duty of an employer to keep records of employees.

(5)

[20]

Grand Total: 100

GOOD LUCK!!