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QUESTION 1

When Erica was employed as a factory worker at Unisex Sports Clothing Designers (Pty) Ltd (USCD), the parties entered into a contract of employment in terms of which Erica would be entitled to 20 working days annual leave (the minimum number of annual leave days, as provided for in terms of the Labour Act 11 of 2007). Approximately two years after Erica's appointment, she joined the Industrial & Allied Union. The Union and the company then negotiated a collective agreement, which provides for 25 working days' annual leave.

Answer the following questions by applying the common law and/or Labour Act 11 of 2007:

1.1Explain whether Erica would be entitled to 20 or 25 working days' annual leave with a discussion on the guidelines on how to establish the terms and conditions of employment of an individual employee.(7)

1.2List three other types of leave (subject to a prescribed minimum) that Erica is entitled to receive in terms of the Labour Act 11 of 2007.(3)

[10]

QUESTION 2

Selma has been in the employment of Yolo Events CC for the past 5 years as an events co-ordinator, earning a basic wage of N$ 15 000.00 per month. In addition hereto she receives a transport allowance of N$ 500.00 as well as a housing allowance of N$ 2 000.00 per month. Selma normally works 5 days per week, 8 hours per day.

Answer the following questions by applying the common law and/or Labour Act 11 of 2007, as applicable:

2.1Selma's supervisor called her in today to inform her that her new position is that of stock controller as from the first day of next month, retaining her current basic wage.

Discuss Selma's legal position in respect of this change introduced by her boss.(4)

2.2YOLO Events CC is contracted to arrange a birthday function next Saturday and requires Selma to work from 20h00 to 23h00 on the said Saturday.

Answer the following questions:

(a)Since the work on Saturday would qualify as overtime, Selma wants to know whether she may refuse to perform overtime, as instructed. Briefly discuss.(3)

(b)Briefly advise Selma's on the rules relating to night work, as applicable.(3)

(c)Calculate the extra payment for overtime work that Selma must receive at the end of the month, as prescribed in terms of the Labour Act 11 of 2007.

(Kindly note that marks will be awarded for the method and explanation of the calculation.)(5)

[15]

QUESTION 3

Dina was charged with the offence of non-compliance with established procedures in the processing of loans at Easy Credit Bank (Pty) Ltd. It was proved that she acted dishonestly in causing funds to be transferred from a client's account to her account without permission. She also abused her position by instructing her subordinate to effect the transfer on her behalf. The disciplinary hearing was held and finalised in Dina's absence, despite Dina's request for a postponement to allow her to attend her mother's funeral. Upon her return from compassionate leave, she was informed by the General Manager that she is immediately and without further notice dismissed.

3.1Discuss whether the disciplinary action in Dina's case was fair.(7)

3.2Easy Credit Bank (Pty) Ltd. would like to introduce a disciplinary code at the workplace. Advise the General Manager on the following:

(a)The purpose of a disciplinary code in the workplace.(2)

(b)The principle of progressive discipline, as applied in the workplace.(6)

[15]

QUESTION 4

Ms. Disco visited a nightclub with her boyfriend. In the early hours of the morning she needed a lift home because she and her boyfriend had a fight. A truck driver, Mr. Stalker (an employee of Global Trucking CC) saw Ms. Disco walking along the road. He stopped and offered her a lift home. Since he was very friendly and looked like a decent person, she trusted him and accepted his offer. On their way to her home, Mr. Stalker drove to a nearby dam where he assaulted and raped her.

Answer the following questions:

4.1Why is it important to be able to identify the type of contract of service?(2)

4.2List the different tests that could be applied to identify what type of contract of service the parties have concluded.(3)

4.3Briefly discuss whether Global Trucking CC, Mr. Stalker's employer, could be held liable to pay compensation to Ms. Disco for the harm suffered in the given circumstances.