CONFIDENTIAL LW/APR 2006/LAW564

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : INDUSTRIAL RELATIONS LAW

COURSE CODE : LAW564
EXAMINATION : APRIL 2006
TIME : 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of THREE (3) parts : PART A (6 Questions)

PART B (3 Questions)
PART C (1 Question)

2. Answer ALL questions from PART A and PART C and any TWO (2) questions from PART
B in the answer booklet. Start each answer on a new page.

3. Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.

4. Do not bring any material into the examination room unless permission is given by the
invigilator.

5. Please check to make sure that this examination pack consists of:
(i) the Question Paper
(ii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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CONFIDENTIAL 2 LW/APR 2006/LAW564

PART A

QUESTION 1

Explain the difference(s) if any, between an employee and a workman under the relevant
labour legislation.
(5 marks)

QUESTION 2

Describe any TWO (2) implied duties of an employee to an employer.

(5 marks)

QUESTION 3

State the requirements of a termination of employment on the grounds of misconduct under

section 14 Employment Act 1955.
(5 marks)

QUESTION 4

Discuss the legal status of a trade union from the perspectives of its definition and
membership requirements.
(5 marks)

QUESTION 5

Outline the various forms of industrial action recognized under the Industrial Relations Act
1967 as legitimate techniques to settle trade disputes.
(5 marks)

QUESTION 6

Explain the effect of a collective agreement on a contract of employment.

(5 marks)

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PARTB

QUESTION 1

The contract of service is the cornerstone of an employment relationship. Discuss the

various tests that have been developed by the courts to identify the contract of service and
their shortcomings.
(20 marks)

QUESTION 2

Workers and employers, without distinction, whatsoever, shall have the right to establish and
subject only to the rules of the organization concerned, to join organizations of their own
choosing without previous authorization.

Based on the above statement, examine the extent to which trade union rights are protected
by the relevant labour legislation. In particular, you are required to consider the registration
and recognition requirements.
(20 marks)

QUESTION 3

Section 30(5) Industrial Relations Act states that:

"The Court shall act according to equity, good conscience and substantial merits of the case
without regard to technicalities and legal form."

Critically evaluate the role and jurisdiction of the Industrial Court of Malaysia in light of the
above provision.
(20 marks)

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CONFIDENTIAL 4 LW/APR 2006/LAW564

PARTC

QUESTION 1

Syarikat Elektrik Utama is a manufacturer of electrical appliances. It employs a number of

workers.

Madam Kala is a shift supervisor and has been working with the company for the past 8
years. She earns a basic salary of RM1,350.00 together with a shift allowance of RM250.00
per month. The company has recently appointed Mr.Yala as the Human Resources
Manager. Mr.Yala has advised the workers that he will be making some changes to the
management structure of the company to save costs for the company by reducing overtime
payments.

As a result, Madam Kala was asked to work the night shift continuously for four days without
overtime payments. She was the only shift supervisor asked to work the night shift
continuously. When she complained, Mr.Yala told her that she could always leave if she
wanted to. The next day, Madam Kala was shocked to discover that she had been demoted
to the position of a shift worker and required to work the night shift daily.

Upset, she consulted the Electrical Workers Trade Union or the EWTU for advice. Mr. James
a trade union representative of the EWTU, informed her that according to the terms of the
collective agreement between the EWTU and her employer, Syarikat Elektrik Utama, the
company was required to pay overtime to its employees at the current rate of overtime
prescribed under the Employment Act 1955.

Answer the following questions based on the facts above:

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

(10 marks)

b) If Madam Kala made an application under s.20(1) Industrial Relations Act 1967,
explain the requirements to be satisfied.
(10 marks)

c) Consider what action(s) if any, the EWTU can take on her behalf.
(10 marks)

END OF QUESTION PAPER

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