please answer you own word tq

QUESTION 4 CASE STUDY (30 MARKS)

UNFAIR DISMISSAL James is a computer programmer at Mega- Bytes Ltd and has worked for them over the last twelve years; he was dismissed without any notice. His assistant manager, Maxine has claimed that James was incompetent and useless. Maxine was uncomfortable being James supervisor as James would ask too many questions to ensure he had the right information whenever he was assigned a project. She mentioned that James was incompetent and had poor performance and she had enough of his incompetencies. But from the case study it was noted that James had been working for the company for more than twelve years and he had never had any problem at work. Page 4 of 4 James consulted the HR manager who gave him the wrong information about his rights on his wrongful dismissal, saying that its not worth the bother. They will just rubber stamp what the assistant manager has done anyway. The employer had dismissed James query is an attempt to block the employee from claiming for compensation. Note: An employee has 60 days from the date of dismissal to file a complaint of unfair dismissal pursuant to Section 20 of the Industrial Relations Act 1967. An employee who is dismissed with notice may file the complaint at any time during his notice period, but not later than 60 days from the expiry of his notice. (Section 20 of the Malaysian Industrial Relations Act 1967 (IRA 1967)

QUESTIONS

1. Explain your views whether James have a case against his wrong dismissal. (5 MARKS)

2. Examine in what way is dismissal considered unfair. (10 MARKS)

3. Discuss the action to be taken by an employee if he/she feels an unfair dismissal had occurred. (5 MARKS)

4. Discuss in what situation are employers able to dismiss an employee with a reasonable justification. (10 MARKS)

TOTAL: (30 MARKS)