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Assignment 1 F 2024

For study purposes

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27 views

Assignment 1 F 2024

For study purposes

Uploaded by

victormwilima09
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Assignment 1

University of Namibia
School of Law
Employment Law (L3502PE)
Face to Face Mode

Instructions:
1. Answer QUESTION 1 AND ONE OTHER QUESTION from the assigned
questions.
2. The Assignment must be typed in Times New Roman Font 12, 1.5 spacing and the
document must be justified/aligned fully to the right.
3. The assignment may not exceed 5 pages including the cover page. There is no need
for a table of content or bibliography. All sources used must be indicated in the text
or footnotes.
4. The assignment must be completed in GROUPS OF FIVE OR MORE MEMBERS
(NO LIMITS AS TO THE MAXIMUM NUMBER). NO INDIVIDUAL
ASSIGNMENT WILL BE ACCEPTED.
5. Clearly indicate the student numbers of each of the group members on the cover
page.
6. The assignment is due on or before Friday, 30 August 2024 at 11:00 AM at
Office Y006 Y Block, ground floor.

QUESTION 1 (COMPULSORY) [25 MARKS]

Mr Fisherman was a skipper of a squid vessel for Nemo Fisheries. When he accepted the appointment
as skipper, he signed a written contract with Nemo Fisheries in terms of which he was inter alia,
entitled to family responsibility leave and sick leave and required to give three months’ notice of
termination of service. The contract furthermore provided that Mr Fisherman would be responsible for
Nemo’s vessel at sea and that he would earn commission (calculated on the weight of squid caught)
and be responsible for hiring, managing and paying the crew. He would had to undertake 21 trips to
sea per month and was not allowed to return to shore early without the permission of Nemo Fisheries.
After serving Nemo for almost a year, his services were terminated.

Using applicable legal sources, advise Mr Fisherman whether he was an ‘employee’ or an


‘independent contractor’ and further, whether, in consequence, he would be in a position to
refer an alleged unfair dismissal dispute to the Office of the Labour Commissioner.

1
AND/ OR

QUESTION 2 [25 MARKS]


Study the advertisement below and answer the question that follows.

Job Advertisement, New Era News Paper


Highrise Panel beaters, Windhoek
Vacancies : x 2 panel beaters
Duties: : Repair of vehicles
The successful candidates must:
(a) Be a member of the Christian faith (preferably protestant)
(b) Be a qualified panel beater
(c) Not be older than 25 years
(d) Be fluent in Oshiwambo
(e) Not be blacklisted because of debt
Closing date for application: 29 April 2024
Send a complete CV to:
The Manager
Highrise Panel beaters
PO Box 204
Windhoek

Clifton is interested in applying for the above-mentioned position and approaches you for advice. He
claims that he is being unfairly discriminated against because he is a Muslim, 32 years of age, and is a
coloured native, fluent in English, the national language of Namibia and on the ‘blacklist’ because of
debt.

Advise Clifton on whether he has a valid cause of action in terms of applicable labour and
related laws, more so on whether he is being unfairly discriminated against.

2
AND/ OR

QUESTION 3 [25 MARKS]

Mr Malabane is the director of Malabane Enterprises. His employees approached him with a request
to extent the 30-minute lunch break to an hour. After negotiations it is agreed that the lunch break will
be 45 minutes. The next day, however, the employees’ hand over a letter of grievance regarding lunch
breaks and the day after that all the employees go on a strike. Mr Malabane approaches you for
advice.

3.1. Do the employees enjoy legal protection for their claim and is their strike legally
protected? Explain fully. /10 marks

3.2. Discuss the legal consequences, if any, of the employees strike? / 15 marks

***end***.

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