.Subject: Labour Law and Industrial Relation
TERMINOLOGIES AND LEGAL PRINCIPLES (24 MARKS)
Explain any FOUR (4) rules relating to annual leave under the Employment Act 1955.
2. Explain the requirements that a female employee must fulfill to get full maternity benefits from her employer.
3. The Employment Act 1955 requires the employer to provide notice to the employee in cases of termination of contract. However, this requirement of notice may be dispensed with under certain circumstances. Explain any TWO (2) of the circumstances and provide example for each to illustrate.
4. In the case of Wong Chee Hong v. Cathay Organization, the court held that the proper test to use to determine whether the actions of the employer amounted to constructive dismissal or not is the ‘contract test’ and not the reasonableness test". Explain what is meant by this statement.
5. Describe any TWO (2) types of punishment that the company may impose on an employee who is found guilty of misconduct.
6. Syarikat Cempaka failed to conduct a domestic inquiry before dismissing one of its employees for misconduct. Would this failure lead to the Industrial Court setting aside the dismissal? Explain your answer.