SECTION B: SCENARIO BASED (20 MARKS) Manisan Sdn Bhd is a company that manufactures ehoeotates and sugar confectionery products. The company currently employs 150 employees. It has been in operation for the last 10 years but lately the company is not doing so well nancially. As part of the company's effort to restructure and cut cost, the company intends to retrench some of its employees. Last week the company sent out notice of retrenchment to 30 of its current employees on ground of nancial difficulties and redundancy. Among those involved are Anthony, Jamal, Hock Tai and Nora. Anthony, Jamal, and Nora are production operators in the company while Hock Tai is a marketing executive. All of them are quite upset with the decision as they have been serving the company loyally for the many years. They questioned the company's decision to retreneh them because just last week they hear that the company has hired one new technician for the Production Department and a manager for the R&D Department. To add insult to injury, they found out that the company has decided to maintain the service of five foreign workers because the cost of paying their salaries is cheaper compared to paying the locals. These aggrieved employees have now come and see you, an HR consultant to seek your advice on the following matters: 1. Do companies have the right to retreneh employee when they face financial difculties or when they do a restructuring? What should or should not be done by Manisan Sdn Bhd when the company wishes to retreneh employees? Explain and relate your answer to the above scenario. (10 marks) 2. Based on your answer in Question 1 above, explain whether the termination of Anthony, Jamal, Hock Tai and Nora was done properly and with just cause and excuse. (5 marks) 3. If Anthony, Jamal, Hock Tai and Nora are not satisfied with their termination, what can they do? Describe the actions they should take and the evidence they need to have. (5 marks) TOPIC REVIEW TWO: TERMINATION AND RETRENCHMENT SECTION A: SHORT ANSWER {10 MARKS) 1. Explain with example the concept and application ofLIFO with regard to retrenchment of workers. (5 Marks) 2. What is the difference between a 'dismissal' and a \"constructive dismissal\"? Explain who has the legal burden to prove the justification for termination in a dismissal case and a constructive dismissal case