JTC Written Assignment

Instructions
1. Answer two questions, one from A and one from B.
2. Papers must be word processed with 1 and ½ spacing.
3. Maximum length of each answer is 7 pages.
4. Papers due on 29 June at the office of the JTC no later than 4 pm.
5. Late papers will not be accepted except on good cause shown, as

set forth in an affidavit, together with supporting documents.
A. Choose one:
1. Frederick Schneider was the factory manager of Comfy Mattress Company.

His employment was terminated in accordance with a company
disciplinary rule that provides as follows:
An employee who is absent from work without prior permission is

expected to contact his or her supervisor on the first day of absence, and
if the absence is longer than two days, to inform the supervisor of the
intended date of return and to contact the company weekly until returning
to work, if the date of return has been set.
An employee who is absent from work for more than thirty calendar days
without permission will be deemed to have resigned from employment.
Provided, however, that the employee may be reinstated to employment
on good cause shown, after a hearing upon return.
Schneider had been granted permission to take a three-day leave, but he

stayed away from work for forty calendar days. He informs you that he
had travelled to a remote area of Zambia with his wife to consult a
traditional healer and had stayed on for a potentially life-saving treatment
of a rare medical condition. He said that he would like to have contacted
the company, but no means of telecommunication or post was available.
When he presented himself for work, he learned that, pursuant to the
above-mentioned rule, he was deemed to have resigned from
employment, and his former position had already been filled. After a
hearing, the termination of his employment was confirmed.
Mr. Schneider has consulted you for advice and representation.
Prepare the following:
1. Referral to arbitration;
2. Memo to the client: a) explaining the nature of arbitration in terms

of the Labour Act and the applicable procedures; b) discussing the
issues in the case and the prospects for success; and c) advising as
to what must be done to prepare for the hearing.
3. Application for legal representation at the arbitration hearing.
2. Prepare a draft appeal to the Labour Court from one of the two arbitration
awards that you have been provided with in hard copy (Award of Arbitrator
Angula in Selma Namwithi and Miller Suppliers (Pty) Ltd or Mwanga-Bebi in
Abraham Malan v LLB Biofules Namibia (Pty) Ltd), together with a
supporting legal memorandum to your client(the employer) explain and
evaluating the merits of the appeal.
B. Choose one:
3. Okahandja Butchery (OB) processes a variety of meat products for sale in

South Africa and Namiba. It has a collective agreement with the Namibia
Food and Allied Workers Union (NAFAU), which it recognised in 1999 as the
exclusive representative of all of the company’s employees, excluding
management. A new wage agreement was concluded between the parties
in May after a protracted strike. The company ‘s Board of Directors is of
the opinion that the cost of wages is now too high, especially since many
of the employees have worked for the company for more than 15 years
and are earning wages well above the entry levels. OB has therefore
decided to reorganize its production department, which currently employs
250 factory workers, and to subcontract its distribution and delivery
operation, which employs 15 drivers and 20 warehouse employees. On 1
July, OB will send the following notice to NAFAU:
Secretary General
Namibia Food and Allied Workers Union

Notice of redundancy
This is to inform you that the Board of Directors of Okahandja

Butchery has decided to reorganize the company’s operation in
order to conduct business in the most efficient and cost-effective
manner. The reorganisation will consist of the following:
1. Closure of the distribution and delivery department;
2. Restructuring of the production department. The restructured

department will employ 175 employees.
As a result of the above measures, the company will terminate the

employment of all employees in the distribution and delivery and
production departments on 1 September 2009. Positions in the
reorganized production department will be advertised in due course,
and affected employees are free to apply for them.
OB recognizes its obligation under Section 34 of the Labour Act,

2007 to negotiate with NAFAU concerning the terminations. We
therefore propose that a meeting take place for that purpose on 3
July at 10 am in the company’s boardroom. Kindly contact the
Office of the Industrial Relations Manager to confirm your
availability for the meeting.
NAFAU has approached you for advice. The union’s representative informs
you that the OB shop steward heard a rumour that OB has invited OB’s
General Manager to register a company that will render distribution and
deliver services to OB pursuant to a 10-year contract that will provide,
among other things, for the lease of OB’s trucks and warehouse to the
new company.
Prepare a memo for NAFAU covering the following:
1. The rights of the affected employees and the procedures

available to NAFAU in terms of the Labour Act to address the
current situation;
2. The information that NAFAU should request from the company;
3. Questions that NAFAU could ask the company;
4. Possible subjects for negotiation;
5. Analysis of the legality of the company’s action, and possible

actions to be taken on behalf of the employees.
4. Medicentre, a chain of 4 private hospitals, recognized Namibia
Health Workers Union (NAHWU) as the exclusive bargaining agent of
its 750 employees in 1996. The parties have a collective agreement
that stipulates the wages and benefits applicable to each category
of employees in the hospitals, and provides a procedure for the
discussion of grievances and the resolution of disputes through
arbitration. The agreement also provides that Medicentre shall
recognize NAHWU as the exclusive bargaining agent of its
employees as long as the union represents 50% plus one of the
bargaining unit employees.
For the past year, Medicentre nurses have been expressing

dissatisfaction with NAHWU, and they formed a new union, the
Namibia Nurses Union (NANU).
This week, NANU sent a request to Medicentre for recognition as the

exclusive bargaining agent of its 250 nurses. NANU claims to
represent a majority of the nurses.
Medicentre has approached you for advice and representation.

Medicentre’s MD has informed you that he would like to recognize
NANU, if it would be legal to do so.
Prepare a memo explaining to Medicentre:
a. the procedures that must be followed in respect of the

NANU request;
b. Your views as to the substantive issues, including the

appropriateness of the bargaining unit and questions of
majority status,
c. Options available to Medicentre;
d. Your recommendation(s) as to Medicentre’s course of

action.
Assume that Medicentre, after discussions with NAHWU, decided to

refuse NANU’s request for recognition on the ground that it does not
represent a majority of employees in an appropriate bargaining unit,
and that NANU referred the dispute to the Labour Commissioner.
Prepare an application for Medicentre to be represented by a legal

practitioner at the arbitration.

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Instructions

1. Answer two questions, one from A and one from B.

2. Papers must be word processed with 1 and ½ spacing.

3. Maximum length of each answer is 7 pages.

5. Late papers will not be accepted except on good cause shown, as

1. Frederick Schneider was the factory manager of Comfy Mattress Company.

An employee who is absent from work without prior permission is

Schneider had been granted permission to take a three-day leave, but he

Prepare the following:

2. Memo to the client: a) explaining the nature of arbitration in terms

3. Application for legal representation at the arbitration hearing.

3. Okahandja Butchery (OB) processes a variety of meat products for sale in

Namibia Food and Allied Workers Union

This is to inform you that the Board of Directors of Okahandja

1. Closure of the distribution and delivery department;

2. Restructuring of the production department. The restructured

As a result of the above measures, the company will terminate the

OB recognizes its obligation under Section 34 of the Labour Act,

Prepare a memo for NAFAU covering the following:

1. The rights of the affected employees and the procedures

2. The information that NAFAU should request from the company;

3. Questions that NAFAU could ask the company;

4. Possible subjects for negotiation;

5. Analysis of the legality of the company’s action, and possible

For the past year, Medicentre nurses have been expressing

This week, NANU sent a request to Medicentre for recognition as the

Medicentre has approached you for advice and representation.

Prepare a memo explaining to Medicentre:

a. the procedures that must be followed in respect of the

b. Your views as to the substantive issues, including the

c. Options available to Medicentre;

d. Your recommendation(s) as to Medicentre’s course of

Assume that Medicentre, after discussions with NAHWU, decided to

Prepare an application for Medicentre to be represented by a legal

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