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] 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]
