Practice of Labour Law and Atternate Dispute

Resorution
Mid-term Exam
Lecturer: Vicki Erenstein ya Toivo
14 November 2O2Z

ourt rules. You will be given thirty

! hours to answer ttre queltions. you
ane encouraged to.allocate your time
to answei eacn question before
beginning to write the answeis.

lnstructioni:
1' Write your student number on the frr",
of each exam book. To ensure
anonymity, do not write your nameB.on
the exam Ooof anO do not use
your name on memos or other docurnents
in answering the questions.
? Writ" legibty. My inabitity to deciphergiour script coutd affect your marks.
3' write your answers on every seeond rine, i.e. skip
answering.
a line when
4' Write your answers to the questions in numbered books in accordance
the sequence of the questions on the exam paper. with
5' Bold text at the end of each question is used io draw your attention
type of document to be drafted and/or the to the
matters to be addressed.
6. Use a format and styre appropriate to the document to be
purpose.
drafted and its

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your mark.

Do not quote the contents of statutory provisions

in your answers. you may
summarize the contents of a statutory provision,
if necessary.
Question One

(10 Marks) your firm represents

(Superior), which has a collective
Manufacturing Workers Union (NM
Superior posted a notice on the iom

To: Ail emproyees covered by the Superior-NMWU coilective

Bargaining Agreement
From: John Alpheus-, Chief Executive Officer
Date: 14 November 2O2Z
Subject. Wage Adjustment
I regret to inform you that our company has lost a major client, Blue waters
Department Store, whose business accounts for 3Oo/o of Superior's revenues.
Although this reduction would normally result in retrenchments of employees,
superior has decided to make an adjustment in wages to preserve empioyment.

I hereby inform you that effective 1 Decem ber 2022, the wages of all employees
in the NMWU bargaining unit will be reduced by l5o/o.

Superior is of the opinion that this measure is in the best interest of the
employees.

NMWU has now informed the CEO by letter that the employees will commence
a strike tomorrow morning unless the notice is withdrawn. The CFo has
requested your legal advice as to superior's options to prevent the strike.

1. Prepare a rneYno to the CEO that discusses the legality of the actions
of superior ?.lnd NMWU, respectively, and advise th; cEo of th+ee
possible optFons to prevent the strike. !nclude in your advice the pro,s i.
and cons of gach option. >

2. Draft. a leftee_.to NMWU on behalf of superior that reflects what you t

consider to bp the preferred option. b
Question ?

(30 Marks). You have been approached by Frederick smith, the General
Manager clf r.langula Pty Ltd, one of Namibia's largest employers, for advice
concerning rris slrinmary dismissal by his employer on account of alleged
sexual harassment of flve employees. He denies the allegations and wishei to
propose to Hangula that they resolve the dispute through arbitration. He seeks
to be exonerated and to return to his position, with no loss in pay. He also wants
to avoid publicity.

1. Prepare a brief memo advising Smith as to the relative merits of

submission of the dispute to arbitration before the Labour
Gommissioner or to private arbitration.
2. Draft a proposed private arbitration agreement for Smith to send to the
cEo of his employer, together with an appropriate cover letter that
motivates the proposal for private arbitration.

Question 3

(25 Marks) The Labour Act, 2007 contains different procedures for resolving
disputes of right and disputes of interest.

Explain the statutory scheme for resolving each type of dispute and give
an example of a dispute of right and an example of a dispute of interest.
set out the rights of the parties, the statutory procedures that can be
utilised to resolve the dispute and the remedies or tools available to the

2
 parties in each case. lnclude in your answer a discussion of when a party
can use the weapon of a strike or lockout.

Question 4

(15 marks plus 5 bonus points)

1. What are the forums for rdsolving disputes concerning unlawful

discrimination pursuant to the Labour Act, 2OO7?
2. What is an employer's duty to third parties with respect to health and
safety?
3. What is the period for prescription to refer an unfair dismissal
complaint to the Labour Commirssioner and when does the
prescription period begin to run?
4. Whatwhistle-blower protection, if any, can be found in the Labour Act,
, 2007?
+ 5. What are the statutory limitations on the jurisdiction of ffire Labour
t' Court to issue an interdict against a strike or lockout I
* 6. (Bonus) Under what circumstances can the Minister externd to an
independent contractor the protection of any condition of employment
A. contained in chapter 3 of the Labour Act? E