SECTION B: There are THREE (3) questions in this section. Answer ALL questions.

You are required to support your answers with the relevant case laws and statutory provision i.e., use the IRAC (Issue, Rule, Apply and Conclude) method in answering the questions in this section.

QUESTION #1 - EMPLOYMENT LAW

1.Hayati has been an employee of Nusantara Sdn. Bhd for five years. Last week the company terminated her employment due to what the company claimed is a breach of contract based on Section 15(2) of the Employment Act 1955. The whole incident started when Hayati failed to show up for work one Monday without any reason. Leave record shows that she was on leave the previous week, but she did not apply for any leave for that Monday. Her manager tried to contact her but could not reach her either through her house phone or mobile number. As far as the company knows, Hayati lives alone. Her parents had both died and she has no siblings or relatives. When Hayati did not turn up for work on Wednesday, her manager contacted the HR department, and the HR department sent a registered letter to her address informing that the company is terminating her employment for being absent without leave for more than two consecutive days.

On Friday, the manager finally received a phone call from Hayati. It turned out that Hayati was in a hospital in Phuket, Thailand. She was involved in an accident the previous Sunday and had been unconscious until Tuesday. When she regained consciousness on Wednesday, she tried to contact her employer, but she was having some difficulty as her phone and purse had been stolen and many of the people there could not understand English. It was only on Thursday when staff from the Malaysian Embassy visited her that she managed to get to a phone to contact her employer. Hayati was very upset upon learning from her manager that the company has terminated her service. Advise Hayati of her rights under the Malaysian labour law.

QUESTION #2 - TERMINATION

Celine holds the position as an account executive in Bina Kayu Sdn Bhd. She is currently facing a problem with her manager in the department. She is always ordered by her manager to do work that are beyond her job scope like helping with the marketing of products and participating in trade fairs across the country. She does not mind assisting the company occasionally, but the request has become more frequent.

She has tried voicing out her dissatisfaction to the manager, but her manager had retaliated by giving her fifty files to process within three days. As a result, for those three days Celine went back very late to complete her work as her manager threatens to give her a bad review in the coming performance appraisal if she fails to complete the job. The manager has also scolded her openly in front of her colleagues and seems to always find fault in Celine's work performance.

Celine is now quite depressed and is wondering what can be done. Advise Celine of the possible legal solution available to her based on what you have learned in class.(12 MARKS)