Solve the following case studies using the IRAC model

Sample question:

4. Zahra is a surgeon specialising in trauma injuries. She has been offered a position at New Hospital in Hawally. Zahra is reluctant to accept the job offer due a couple of issues. First, the hospital HR Manager tells her that she is prohibited from working between midnight and 6AM. They also mention that since she is not married, she will be paid a salary that is a third less than the men in her team. The other surgeons perform the same tasks as Zahra and have comparable experience and qualifications. Advise Zahra. (2 marks) 5. Equicap Investment is a firm located in Kuwait City. Becky, an employee (Investment Analyst) has worked there for 5 years. Around 1 month ago, it came to Ahmad's (Managing Director) attention that Becky had divulged company secrets to Harir Holdings during a conference; resulting in serious damage and loss to a project Equicap is currently working on. Ahmad wants to terminate Becky, but he concerned about the legal backlash he may face. Advise Ahmad. (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