Answer the following questions based on the marks given . Please provide a related law and cases for each questions.

QUESTION 1

Ahmad is a worker with Baba Ali Sdn. Bhd. He suffered injuries to his legs while working. Ahmad wants to claim compensation as a worker of BabaAli Sdn. Bhd.However, the company refuses to pay any compensation by claiming that he is not an employee but rather a contractor of the company.Advise Ahmad. (25 marks)

QUESTION 2

Misconductofan employeemightleadto the terminationof the contractof employment. Discuss. (25 marks)

QUESTION 3

Baba is a machine operator in a factory at Shah Alam Industrial Park for about twenty years. Since he isa reservedperson and does not like conflicts,he refuses to be a member of the Trade Union representing all blue-collar workers working with the factory. Recently the company wentinto financial difficulties and is unable to honour the collective agreement signed with the Trade Union several months ago.

The Trade Union wants to initiate a strike with the company and the company, in retaliation, threatens to impose a lockout against all workers. Baba is confusedas he neither wants to be with the Trade Union nor with the fellow workers.

a) Advise Baba on the legalissuesinvolvedand what actions he has to take in order to safeguardhis position with the company. (30 marks)

b) Advise Baba as to the benefits of becoming a member of a Trade Union (20 marks)