Faculty of Human Sciences
Department of Social Sciences
LABOUR LAW 1B
[LAL 112 S]
SPECIAL TEST 2016
Marks: 50
Date: 7 October 2016
Time: 17h30-18h30
INSTRUCTIONS
1. This paper consists of 5 (FIVE) pages with a total of 4 (FOUR) Questions.
2. All questions are compulsory.
3. Read all instructions carefully.
4. Write your student number and name on your answer script.
5. Indicate whether you are a full time (FT) or part time (PT) student.
6. Also write the name of your lecturer. (De Villiers or Van Zyl)
7. It is your duty to ensure that you complete the attendance sheet circulated while the test is being written.
8. Incorrect spelling and illegible handwriting may prevent mark allocation.
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.
1.1 In terms of the Labour Act 11 of 2007, employees are entitled to:
(a) Return to the workplace any time after the strike has ended.
(b) Return to the workplace within 3 (three) days of the date that the strike or lockout has ended or that the employee became aware or could reasonably have become aware of the end thereof, unless the employee has been dismissed for a fair and valid reason.
(c) Hold a picket inside the employer’s premises.
(d) Remuneration during a lawful strike.
(e) Neither one of the above options. (2)
1.2 Choose the correct statement from the following:
(a) In order to qualify for severance pay, an employee must, firstly, have completed a period of at least 12 months of continuous service.
(b) Severance pay is always payable when employees are dismissed due to operational requirements.
(c) Severance pay is payable if an employee retires at the age of 60 years.
(d) Severance pay is always payable if an employee dies, even after retirement.
(e) Both (a) and (b). (2)
1.3 An exclusive bargaining agent:
(a) Represents only the interests of its members in that bargaining unit.
(b) Represents all the interests of every employee in that bargaining unit, members and non-members.
(c) Has the right of access to the employer’s premises any time they feel like it, no permission is required.
(d) Is never entitled to receive any fee from an employee without such employee’s written authorisation to this effect.
(e) Represents the interests of every employee in that bargaining unit, members and non-members, but only for the purpose of negotiating a collective agreement on a matter of mutual interest. (2)
1.4 If there is nothing to the contrary stated in the contract of employment or a collective agreement, the Labour Act 11 of 2007 provides that a contract of employment shall terminate:
(a) Immediately upon the death or sequestration of the employer, if the employer is a natural person.
(b) Immediately upon the date on which a partnership is dissolved, if the employer is a partnership.
(c) Automatically one month after the death or sequestration of the employer, if the employer is a natural person.
(d) Automatically upon reaching the retirement age of 60 years.
(e) Automatically upon reaching the retirement age of 65 years. (2)
1.5 A “member in good standing” in terms of Section 53 of the Labour Act 11 of 2007 is defined as a member who:
(a) Has not been convicted of an offence of which dishonesty is an element.
(b) Is eligible for election as office-bearer or official.
(c) Is not more than three months in arrears with the payment of any fees due in terms of the constitution.
(d) Both (b) and (c).
(e) None of the above options. (2)
1.6 In terms of the Labour Act 11 of 2007, the following is not considered 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)
1.7 Choose the incorrect statement:
In any conciliation proceedings:
(a) 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)
1.8 Unless one of the exceptions applies, for what period must an employee be a fully paid up member of the Social Security Fund to qualify for a benefit?
(a) 12 months
(b) 6 months
(c) 24 months
(d) 30 consecutive days
(e) 1 year (2)
1.9 An “employee” in terms of the Social Security Act 34 of 1994, as amended, includes:
(a) All persons, except casual employees and those younger than 60 years, who are employed by any employer.
(b) All persons, younger than 65 years, who are employed by or working for an employer, except those employees who work for two days or less in a week for an employer.
(c) Any person who is employed by or working for an employer and who is receiving or entitled to receive any remuneration in respect thereof.
(d) Any person, younger than 65 years, other than an independent contractor who is employed by or working for any employer.
(e) Neither one of the above options. (2)
1.10 The following is not a benefit in terms of the Employees’ Compensation Act 30 of 1941:
(a) Maternity leave
(b) Medical expenses
(c) Transportation of injured employee
(d) Temporary Total Disablement
(e) Compensation to surviving spouse (2)
[20]
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 Termination of a contract of employment by or at the behest of an employer. (1)
2.2 To bargain with an honest and serious intention to find a fair and reasonable solution to the problem at hand. (1)
2.3 An association of employees whose principal purpose is to regulate relations between employees and their employers. (1)
2.4 An order from the Labour Court ordering strikers who take part in an unlawful strike or picketing action to cease such action. (1)
2.5 Resignation by an employee as a result of sexual harassment at the workplace. (1)
2.6 The parties to collective bargaining negotiations are unable to reach agreement, introducing the possibility that either party may resort to industrial action. (1)
2.7 The right of an employer to manage and run the business in the best interest of the business, inclusive of the right to change work practices without the consent of the affected employees. (1)
2.8 Any dispute concerning a proposal for new or changed conditions of employment, excluding a dispute that the Labour Act requires to be resolved by adjudication in the Labour Court or other court of law or arbitration. (1)
2.9 The Death Benefit, payable in terms of the Social Security Act 34 of 1994, can also be claimed upon either … or permanent disability. (1)
2.10 A party may refer a dispute concerning a dismissal within a maximum period of … … after the date of the dismissal. (1)
[10]
QUESTION 3
Data Solutions (Pty) Ltd. employs Sara as data typist. In the past, by mere forgetfulness, she had, on several occasions, switched off the computer without having followed the required shut down procedure. As a result, data valuable to the company had been lost, which had to be recovered by making use of a very time consuming program. Sara has been given a written warning. On the 5th of this month, once again, it seems to be that Sara has not observed the correct shut down procedure, since a huge mass of data was not recoverable the next day.
Answer the following questions:
3.1 The General Manager of Data Solutions (Pty) Ltd. asks for your advice: He wants to know whether Sara’s conduct would justify a dismissal and whether particular procedural principles would have to be observed as regards the termination of the contract? Discuss. (6)
3.2 Suppose Sara is eventually dismissed. Briefly discuss whether she must receive any of the following payments, on the date of termination:
(a) Annual leave credit (2)
(b) Severance pay (2)
[10]
QUESTION 4
Tasneem, a medical doctor from Cuba, is employed at a private medical centre, called The Health Centre (Pty) Ltd in Oshakati, for a fixed period of two years. She is earning a salary of N$ 25 000 per month. She recently got married and would like to get the following advice from you in terms of the Social Security Act 34 of 1994 and the Employees’ Compensation Act 30 of 1941 respectively:
4.1 What is required to qualify for maternity leave benefits in terms of the Social Security Act? (3)
4.2 Suppose her baby dies while she is receiving maternity leave benefits. Briefly discuss whether she would be entitled to receive maternity leave benefits for the rest of the maternity leave period. (3)
4.3 What other benefits are payable in terms of the said Social Security Act? (2)
4.4 Would she be entitled to a disability pension in terms of the Employees’ Compensation Act if she gets injured or contracts a disease arising out of and in the scope of her employment? (2)
[10]
TOTAL: [50]
GOOD LUCK!!
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