QUESTION 1 [20 marksI Great Furniture Sdn. Bhd. is one of Malaysia's premiere home furnishing manufacturers and exporters of quality nniture. Great Furniture Sdn. Bhd. has been working with Mary, 3. well- known talented furniture designer, who has completed several contracts for Great Furniture Sdn. Bhd. for some time. Great Furniture Sdn. Bhd. is very happy with the standard of her work and Mary has just been offered a number of additional design briefs by Great Furniture Sdn. Bhd. with instructions on how the designs should be presented and a set of deadlines. Mary is free to work where and when she wants, to rerse any of the design briefs and she can delegate or subcontract part of the whole design as she wish. Mary is happy with her arrangement with Great Furniture Sdn. Bhd. She signs an individual agreement for each individual contract she has with Great Furniture Sdn. Bhd. stating that she is not an employee. Ramlan is employed by Great Fumiture Sdn. Bhd. in the factory doing manual works as a carpenter fumiture. His job generally entails designing, building, and repairing various types of furniture such as wooden chairs, shelves. and drawers. He has recently complained that he has been working very long hours (up to 60 hours per week), has not had a day off for four weeks. The supervisor has told Martin that as they are all so busy, he cannot be spared. Ramlan is very unhappy with this decision and plans to le a complaint to the Department of Labour. However, he is not sure whether he is covered by the Employment Act or not. Raju has worked for Great Furniture Sdn. Bhd. for almost 1 year. Raju has been called by the Human Resource Ofcer in the company and been informed that he is no longer required by the company, and that he must leave at the end of the day. He was told that since period of notice of termination is not specied in the contract of service, so that he can be terminated anytime. Required: (a) Identify whether Mary falls under a \"contract of service\" or \"contract for service\". Illustrate your answer with application to the facts. [4 marks] ( b ) You are an officer at the Department of Labour. Ramlan and Raju come to you to seek for your advice on the following matters: (i) Advise Ramlan whether he is covered by the Employment Act 1955 AND whether he can file an action against his employer. [8 marks] (ii) Advise Great Furniture Sdn. Bhd. whether Raju's termination is lawful or not. [4 marks] (iii) Advise Raju on what he can do since he has been terminated without just cause or excuse by his employer. [4 marks]QUESTION 3 [20 marks] (a) Proactive and effective employee relations are critically important to maintaining a non- union work environment. Satisfied employees who feel as though their voices have been heard are less likely to seek out a third party. Required: Recommend FIVE (5) lawful steps that may be taken by companies to maintain a non- union work environment. [5 marks] (b) Define "collective bargaining" and "collective agreement". [4 marks] ( c) The following provisions are related to cognisance of collective bargaining. Explain each of them: (i) Section Sec 14 (1) of the Trade Union Act 1959 [2 marks] (ii) Section 16 (1) of the Trade Union Act 1959 [2 marks] (iii) Section 16 (2) of the Trade Union Act 1959 [4 marks] (iv) Section 16 (3) of the Trade Union Act 1959 [3 marks]QUESTION 4 |20 marks| The Unity Union has gone through a collective bargaining process with the Great Furniture Sdn. Bhd. to increase salary for non-executive employees starting 1 May 2018 and as a result, a collective agreement has been successfully signed by the two parties. However, after a few months passed, the salary for non-executive employees are still the same. Unity Union felt unsatised with the non-implementation of the collective agreement. Required: (a) The Unity Union should resolve their trade dispute by peaceful means. Analyze the available methods for Unity Union to settle their trade dispute peacefully. [10 marks] (b) When peaceful methods fail to settle the trade dispute, Unity Union plan to attempt a settlement by using or threatening to use more aggressive methods. They choose to strike. Explain to Unity Union procedures to be followed to ensure the legality of a strike. [[0 marks] QUESTION 5 |20 marks| (a) The issue of constructive dismissal was exhaustively discussed in the old case of Wang Chee Hang v Cathay Organisation (M) Sdn. Bird. [1988] l ML! 92. Mr Wong, the personnel manager of the company was transferred without loss of pay or service to a nearby theatre as a theatre manager. The company contended that the transfer would he an invaluable exchange of experience between the head ofce and the cinema. Mr Wong refused to accept the transfer as it amounted to demotion and was therefore, considered himself as having been constructively dismissed. He wanted to seek for sought reinstatement as a personnel manager. The Industrial Court in its Award No. 26 ordered backwages and compensation in lieu of reinstatement. The Supreme Court eventually upheld Mr Wong's contention that he was \"constructively dismissed\". Required: (i) Explain what \"constructive dismissal\" is AND give TWO (2) examples of \"constructive dismissal\" other than mentioned in the above case. [5 marks] (ii) Clarify FOUR {4) conditions for an employee like Mr Wong has to establish in order to sustain a claim of constructive dismissal. Support your answer with a relevant case law. [5 marks]
