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Company. Besides, he claimed the nonrenewal of this Resident Consultant Agreement (xed term contract) amounted to unfair dismissal. Required: (3) (b) (0) (d) (6) Whether

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Company. Besides, he claimed the nonrenewal of this Resident Consultant Agreement (xed term contract) amounted to unfair dismissal. Required: (3) (b) (0) (d) (6) Whether Dr. Farid was working for the Company under a 'contract of service' or a 'contract for service'. Illustrate your answer with application to the facts of the case. [5 marks] The Company believes that it would make it easier to terminate Dr. Farid under xed term contract since they can opt not to renew the contract when the contract ends. Comment on the above statement. [5 marks] Explain on what workers can do when they unfairly dismissed AND justify whether Dr. Farid has a right to do so. [5 marks] Not all employees covered by the Employment Act 1955. Comment on the above statement AND explain whether Dr. Farid covered by the Employment Act 1955. [8 marks] State TWO (2) minimum benets for those who covered by the Employment Act 1955. [2 marks] Dr. Farid entered into a Resident Consultant Agreement with AAA Specialist Hospital Sdn. Bhd. (after this known as "the Company") on the 17.10.2007 to practice in the discipline of Anaesthesia as a Resident Consultant of the Company. As a consultant in the hospital, Dr. Farid did not earn a monthly salary. Dr. Farid's remuneration based on consultation fees earned which quite clearly depends on the number of patients, registering for his services. Consistent with the terms of the agreement, Dr. Farid's Income Statement clearly shows that Dr. Farid's income from his consultancy services varied from month to month. The contract period was a 'fixed term contract' for a term of 5 years from the date of 17.10.2007 to 16.10.2012. The Company believes that it would make it easier to terminate Dr. Farid under fixed term contract since they can opt not to renew the contract when the contract ends. The First Consultant Agreement was followed by the Second Consultant Agreement dated 01.03.2013 and the Third Consultant Agreement dated 09.12.2015. The Third Consultant Agreement expired on the 16.10.2017. Instead of renewing the Third Consultant Agreement, by a letter dated 16.10.2017 the Company offered Dr. Farid an extension of the Third Consultant Agreement for one month from 17.10.2017 to 16.11.2017 upon discovery that Dr. Farid had allegedly violated her approved clinical privilege. There was a further letter of extension given to Dr. Farid for the duration of 17.11.2017 to 16.01.2018. However, despite numerous counselling sessions carried out by the Company, the Company was of the view that it no longer required the services of Dr. Farid and used its discretion by not renewing the Dr. Farid's Resident Consultant Agreement and Dr. Farid was notified of this by a letter dated 09.01.2018. Dr. Farid claimed that those Consultant Agreements are a contract of employment with the Company and they form a contract of service wherein the Dr. Farid was an employee of the

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