Solve the following case studies using the IRAC model

Sample question:

Solve the following case studies in light of Law No.6 of the year 2010 CONCERNING LABOUR IN PRIVATE SECTOR 1. Ali owns and manages Steel, a garage in Shuwaikh. He is looking for someone to help him out around the garage, so he advertises the position on Instagram. The position requires the person to wash cars and do some ad hoc cleaning. Jamal, aged 16, applies to this position and states that he is capable of handling chemical products as well as the equipment for cleaning. Even though Jamal is a juvenile, Ali thinks he will be a good addition to Steel. Advise Ali. (2 marks) 2. Ghala, is an employee at an accounting firm in Sharq, she is pregnant and wants to apply for her 70 days paid maternity leave. The firm rejects her request, stating that she already used a portion of her annual leave; and that according to her employment contract, she only has a remaining 40-day maternity leave. Finally, Ghala plans on breast feeding after and is worried her employer won't understand. Advise Ghala. (2 marks) 3. Amr is an employee at a coffee shop in Salmiya. He has worked there for a year and wants to use his annual leave. Waleed, the coffee shop owner states that according to Amr's employment contract, he now has 15 days annual leave. Waleed says he will only give Amr 15 days since he did not work for 15 days when he was sick with coronavirus. Advise Amr. (2 marks) SECTION II: Sample Q&A Question: Othman has been the Marketing Manager at a major ISP company in Kuwait City for over 2 years. He is a Muslim and has never completed Haj rituals before. He feels that he is in good health and has enough money to complete Haj. He applies for Haj leave but it is rejected by the company. The company tells him that Haj leave is not included in his employment contract. The HR Manager jokingly tells Othman that he is young and has plenty of time to complete Haj in the future. In fact, there is a project coming up and the company needs Othman to stay in Kuwait. Advise Othman. Answer (using the IRAC model) Issue: To establish whether the company can reject Othman's request to complete Haj rituals. Rule/Law: Law No.6 of the year 2010 CONCERNING LABOUR IN PRIVATE SECTOR, (Article 76) In the present case, the company has rejected Othman's request for Haj based on his employment contract. Kuwait's Labour law governs all employment contracts in the private sector. The contract between Othman and the ISP company can be characterized as express, valid and legally binding. Applicability: As per the facts, Othman has completed just over 2 years at the ISP company. It is also evidenced that Othman is a Muslim, and he has not completed Haj rituals in the past. Therefore, the requirements outlined in Article 76 have been satisfied. Conclusion: In accordance with Article 76 of Kuwait's Labour Law and in terms of the case particulars, Othman is entitled to 21 days leave to complete Haj rituals. Othman should consider the company's actions a breach of contract