CONFIDENTIAL LW/OCT 2009/LAW564

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : INDUSTRIAL RELATIONS LAW

COURSE CODE : LAW564

EXAMINATION : OCTOBER 2009

TIME : 3 HOURS

INSTRUCTIONS TO CANDIDATES

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

PART B (2 Questions)
PART C (1 Question)

2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3. Candidates are allowed to bring in the following materials (unannotated):

(i) Employment Act 1955 (Rev. 1981)
(ii) Industrial Relations Act 1967 (Rev. 1980)
(iii) Trade Unions Act 1959 (Revised 1981) Act 262

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

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

6. 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
© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL
CONFIDENTIAL 2 LW/OCT 2009/LAW564

PART A

QUESTION 1

State the different ways by which terms may be incorporated into a contract of employment.

(5 marks)

QUESTION 2

The employer's prerogatives under section 13(3) of the Industrial Relations Act 1967 are not
absolute. Critically assess the grounds for exercising managerial prerogatives by the
employer.
(5 marks)

QUESTION 3

State two implied duties of an employer and an employee.

(5 marks)

QUESTION 4

Hueco Mundo Sdn Bhd decides to close down its branch in Shah Alam due to global
financial recession. John Arrancar, who has been employed for 11 years by the company at
the Shah Alam branch as a technician, has turned down the company's offer of a similar
post in another branch which is 100 kilometers away.

Advise whether John Arrancar may claim for redundancy payment from Hueco Mundo Sdn
Bhd.
(5 marks)

QUESTION 5

What are the rights and obligations of a registered trade union?

(5 marks)

QUESTION 6

State the substantive and procedural requirements of a lawful strike in Malaysia.

(5 marks)

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 3 LW/OCT 2009/LAW564

PARTB

QUESTION 1

List out the various tests used by the courts to identify the contract of employment or service
and briefly explain their main strengths and weaknesses.
(20 marks)

QUESTION 2

Rukia worked for an advertising firm, Karakura & Co, as an executive. She earned a basic
salary of RM1100 per month and received travel allowance of RM600 per month. According
to her contract of employment, Rukia is required to work eight (8) hours per day on Monday
until Saturday. Sunday is her rest day.

In June 2008, she was instructed by her employer to work on Sunday for eight (8) hours as
the firm needed to finish an advertisement campaign involving a highly anticipated movie,
"Attack of the Espada". Rukia had to cancel all her plans during Sundays for the entire
month.

While at work, Rukia came across the master copy of the movie that has yet to be released
in Malaysia. She duplicated the master copy of the movie and sold it to a local pirated DVD
distributor, Renji Abarai. In September 2008, the firm suspected Rukia's involvement in the
distribution of the pirated DVD's of the movie "Attack of the Espada". The firm terminated her
employment immediately.

Answer the following questions based on the above facts.

a) Is Rukia an employee under the Employment Act 1955?

(5 marks)

b) Was Rukia's employer right in making her work on Sunday and what is her
entitlement for working on Sunday ?
(5 marks)

c) Is Rukia's termination valid and justifiable under Industrial Relations Law?

(10 marks)

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 4 LW/OCT 2009/LAW564

PARTC

QUESTION 1

Otaku Amalgamated Trade Union (OATU) is a national trade union, representing employees
in animation, cartoons, comics and manga sectors. Atreyu, a newly appointed union official
seeks your advice on the following issues:

a) Falkor was employed as a supervisor by Moon Child Animation Sdn Bhd. He had
been actively involved in negotiations on behalf of OATU to increase allowances for
workers. The management of Moon Child Animation Sdn Bhd was unhappy with his
involvement in the negotiations and decided to transfer him to its branch office in
Sarawak as a clerk. Falkor decided to terminate his service with the company and
considered himself dismissed.

Advise Atreyu on possible actions that can be taken by Falkor.

(15 marks)

b) Geum Jandi is employed by Shinhwa Comics Sdn Bhd. She is also a member of
OATU. She was asked by OATU to organize the admission of the employees of
Shinhwa Comics Sdn Bhd as members of OATU. She succeeded in recruiting 49%
of the employees. She served a claim for recognition of OATU on its behalf to
Shinhwa Comics Sdn Bhd. Shinhwa Comics Sdn Bhd has refused to accord
recognition to OATU.

Advise Atreyu on the grounds that can be relied upon by the employer in refusing to
grant recognition to a trade union and the steps that should be taken by OATU to
pursue the claim for recognition.
(15 marks)

END OF QUESTION PAPER

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL