QUESTION 5 |20 marks! (a) (b) When properly exercised, strike action is often an effective weapon employed by workers collectively in order to compel the employer to improve certain conditions of service. Required: Discuss ALL procedures to be followed to ensure the legality of a strike. [6 marks] In Raul Fabrizr'o Casserini v. George Fischer (M) Sdn Bird [2017] 3 ILR., the employer claimed that, after being notied of the retrenchment, the employee had agreed to a severance package which among others includes the payment of a month's salary, annual leave and cost of repatriation to a destination of the employee's choice (he chose China). The employer's Human Resources personnel proceeded to purchase an air-ticket and inform the employee to make a ciaim for charges to repatriate his belongings to China. The employer proceeded to bank in the agreed one months' salary into the employee's bank account, as the employee was not in the country. The employer claimed that the employee at no point communicated his disagreement to the severance package. The employee denies agreeing to the severance package, or to any settlement, or to the payment of one months' salary as an ex-gratia payment. No mutual separation agreement was signed. The employee confirmed that he received the said ex-gratia payment, but did not return it upon the advice of his lawyers. The employee then led an unfair dismissal claim. Required: Explain in detail the process of unfair dismissal claims. [14 marks] QUESTION 4 |2ll marksl (8) (b) As a Human Resources officer in your company, you are presenting a training seminar to new employees on settlement of trade disputes. You need to convey information to them on how to settle a dispute peaceally without attempt to force a settlement by using or threatening to use aggressive methods. Required: (i) Recommend TWO (2) peacetl methods available for settling disputes other than conciliation and arbitration. [2 marks] (ii) Discuss conciliation process with reference to Section 18 of the Industrial Relation Act 1967. [10 marks] (iii) Compare between voluntary and compulsory arbitration. [4 marks] When the disputing employer and union cannot nd a solution by themselves or with the help of the Department of Industrial Relations, arbitration by the industrial Court may be the only way to settle the dispute. Required: Describe FOUR (4) powers of Industrial Court. [4 marks]