Question: SECTION A (30 MARKS) There are THREE (3) questions in this section, answer ALL questions. 1. Before an employer can terminate an employee, the employer

SECTION A (30 MARKS) There are THREE (3)SECTION A (30 MARKS) There are THREE (3)SECTION A (30 MARKS) There are THREE (3)
SECTION A (30 MARKS) There are THREE (3) questions in this section, answer ALL questions. 1. Before an employer can terminate an employee, the employer must ensure that the termination is done with 'just cause'. Describe who is responsible to prove that the termination was done with just cause and excuse and explain what need to be proven. (10 Marks) 2. Specify any FIVE (5) express terms that is usually incorporated in a Contract of Service. Explain the legal significance of having them in the Contract of Service. (10 Marks) 3. Having an in-house union can have its pros and cons. Critically discuss TWO (2) of its advantages and disadvantages. (10 Marks)SECTION B (30 MARKS) There are TWO (2) questions in this section, answer ALL questions. Support your answer with relevant legal principles, cases and examples where appropriate. QUESTION 1 Zaki works as an interior designer at Jemimah Interiors with a salary of RM1950.00 per month. He received a termination letter dated 2 weeks ago for an alleged misconduct from Jemimah Interiors. Zaki strongly believe that he has been unlawfully terminated and intends to bring an action against Jemimah Interior but was unsure of the correct procedures. Advise Zaki on the followings: a. The procedures under the Malaysian law to bring the matter to the Industrial Court. (7 Marks) b. The remedies provided to him under the Malaysian law if he is found to be unlawfully terminated by Jemimah Interiors (5 Marks) c. Whether Zaki can appeal against the decision of the Industrial Court if the outcome of the proceedings is not in his favour. (3 Marks) (TOTAL: 15 MARKS)\f

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