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SCOPE Labour Law

The document outlines the scope of topics for the upcoming Labour Law examination, including key areas such as employment contracts, conditions of employment, leave provisions, termination, retrenchments, disciplinary procedures, trade unions, and dispute resolution. It emphasizes the importance of understanding legal definitions, relevant sections of the Labour Act, and practicing calculations related to severance and leave. Students are encouraged to review lecture materials and case law to aid in their preparation.

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34 views2 pages

SCOPE Labour Law

The document outlines the scope of topics for the upcoming Labour Law examination, including key areas such as employment contracts, conditions of employment, leave provisions, termination, retrenchments, disciplinary procedures, trade unions, and dispute resolution. It emphasizes the importance of understanding legal definitions, relevant sections of the Labour Act, and practicing calculations related to severance and leave. Students are encouraged to review lecture materials and case law to aid in their preparation.

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virachiob
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JTC 2025 Labour Law Examination Scope (Mid-term) Dear Students, This document outlines the topics and areas that you need to study and understand for the upcoming Labour Law examination. The examination will consist of multiple choice, short answer, true/false, and structured long-form questions. B§ Core Topics to Study 1, Introduction to Labour Law and Applicable Legislation a. Labour Act 11 of 2007, Labour Amendment Act 2 of 2012. b. Other Acts: Affirmative Action Act, Employment Services Act, Social Security Act. 2. Contracts of Employment & Employee Status a. Permanent, temporary, casual contracts, dominant impression test, Section 128A~ C presumption 3. Conditions of Employment NB! a. Hours of work, overtime, night work, public holiday and Sunday work. b. Permissible deductions, short time, no work-no pay vs disciplinary action. 4, Leave Provisions a. Annual, sick, compassionate and maternity leave (Sections 23-27). 5. Termination of Employment a. Notice periods, payment in lieu of notice, automatic termination, severance pay. 6. Retrenchments a. Section 34 process, consultation, selection criteria. 7. Disciplinary Procedures and Dismissals a, Substantive and procedural fairness, types of dismissal, unfair labour practices (Sections 33-50). 8. Trade Unions and Collective Bargaining a. Recognition procedures, organizational rights (Sections 64-68), strikes and lockouts. 9. Dispute Resolution a. Conciliation, arbitration, Section 82-91 procedures, prescription periods, variation/rescission of awards. 10. Calculations (NB) a. Severance pay, overtime, night allowance, Sunday/public holiday pay, leave accrual. @ Study Tips Understand key definitions, especially legal terms like ‘dispute of interest’, ‘constructive dismissal’, and ‘dominant impression test’. 2. Know key sections of the Labour Act and relevant case law (e.g., Lilderitz Spar, City of Windhoek v Katuuo). 3. Practice calculations for leave, severance, and premium payments. 4, Be able to distinguish between procedures (conciliation vs arbitration; procedural vs substantive fairness). 5. Refer to lecture slides and your notes for examples and illustrations. Good luck with your preparation!

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