1. What do you think are the differences between Employment Act and Industrial Relations Act
2. Explain the similarities and differencesbetweenthecontractofserviceinrespect ofan 'employee'under the Employment Act 1955and a contractof employment inrespect of a 'workman'under the Industrial Relations Act 1967.
3. What is the extent of an employer's implied duty to provide work to an employee?
4. Under section 14 of the Employment Act 1955, an employer may terminate the employment of an employee without notice for a misconduct after due inquiry. Describe the main elements to be satisfied in respect of a termination of employment due to a misconduct. State the importance of a domestic inquiry in respect of a termination of employmentfor a misconduct.
5. State the importance of a domestic inquiry inrespect of a termination of employmentfor a misconduct.
6. Discuss the legal status of a trade union from the perspectives of its definition.
7. The rightof workmen to unioniseaccording to trade unions of theirchoice is an illusion despite the fundamental guarantee of freedom of association under the Federal Constitution.Evaluate the statement in light of the relevant legislative provisions and caselaw
8. Explain the scope of a trade dispute as defined under section 2 of the Industrial Relations Act 1967
9. The Electronic Data Workers TradeUnion (EDWTU) isa national tradeunion, which represents workers involved in dataentry work. Adam,a newly appointedtrade union official, seeks your advice on the following issues:

James was employedas the Human ResourceManager by Data Resources Sdn Bhd, Shah Alam, a company which specializes inproviding data entry services. He had beenactively involved innegotiations on behalfof the companywith the EDWTU. The management of Data Resources Sdn Bhd was unhappy with his involvement in thenegotiations and decided to transfer him to itsbranch office in Perlis, as a financeexecutive. James feels humiliated anddecides to leavethe company. He considers himself constructively dismissed.

What advice can Adam give James on the procedural and substantive requirements of a claim of constructive dismissal at the Industrial Court?

Explain the impact of cognizance on a collective agreement

10. Ninja Electronics is a manufacturer of electrical appliances. It employs a number of workers. Jahara is a supervisorand has been working with the company for the past 5 years. She earns a basic salaryof RM1 ,700.00 together with a specialallowance of RM250.00per month. Mr. Tuff, theHuman Resources Managerhas advised the workers thathe will be making some changes to save costs for the company by reducing overtime payments. As a result, Jahara wasasked to work the night shiftcontinuously without overtimepayments. She was the onlyshift supervisor asked towork the nightshift. When shecomplained, Mr.Tuff told her that she could always leave if she wanted to. The next day,Jahara was shocked to discover that she had been demoted to the position of a shift worker and required to work the night shift daily.

Answer the following questions based on the facts above: (15 marks)

a) What are Jahara's options with regards to the demotion?

b) IfJaharamadean applicationundersection 20(1) IndustrialRelations Act 1967, explain the requirements to be satisfied.