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Question 2 Henry was a technician in Golding Sdn. Bhd. He earns a salary of RM1950 a month. Last month Henry was accused of smoking

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Question 2 Henry was a technician in Golding Sdn. Bhd. He earns a salary of RM1950 a month. Last month Henry was accused of smoking at the workplace despite a sign prohibiting smoking at the office premises. The matter was reported to the company management by Henry's supervisor, Kumar. Eric, the Human Resource manager investigated the matter and Golding Sdn Bhd now wants to terminate Henry without notice. The relevant provisions of the Employment Act 1955 are: Section 2(1) FIRST SCHEDULE Section 13(1) Section 13(2) Section 14(1) Employee: Any person, irrespective of his occupation, who has entered into a contract of service with an employer under which such person's wages do not exceed two thousand ringgit a month. if no notice has been given, or if notice has been given, but without waiting for expiry of that notice, the party giving the notice shall pay to the other party an indemnity of a sum equal to the amount of wages. there can be termination without notice by either party if there is wilful breach by the other party of an important term or condition of contract. if there is misconduct on the part of the employee, which is inconsistent with the fulfilment of the express or implied condition of his service, the employer, after due inquiry, may dismiss him without notice, downgrade or impose other lesser punishment as deemed fit. Based on the relevant provisions of the Employment Act 1955, advise Golding Sdn Bhd of its rights with respect to terminating the service of Henry

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