CONFIDENTIAL @UTHM Universit! fun Hussein Onn Malaysia UNIVERSITL TUN HUSSEIN ONN MALAYSIA FINAL EXAMINATION (ONLINE) SEMESTER I SESSION 2020/2021 COURSE NAME, : INDUSTRIAL RELATIONS COURSE CODE BPC 42803 PROGRAMME CODE : BPB LXAMINATION DATE : JANUARY / FEBRUARY 2021 DURATION : 3 HOURS INSTRUCTION ANSWER ALL QUESTIONS THIS QUESTION PAPER CONSISTS OF eon SERBUKA CONFIDENTIALCONFIDENTIAL BPC 42803 a @ (b) ©) (a) o) © A collective agreement is negotiated by representatives for the employer and the employees, where they jointly decide which rules will apply in a particular sector or at a particular workplace. In the end, a collective agreement provides advantageous conditions and a high level of security for employees Identity SLX (6) items are not allowed by the trade union to be included in the collective agteetuent proposal with support (12 marks) According to Section 16, Act 177, the Court may in its discretion refuses to ceitify the agreement received by trade union because it does not comply with the term, Explain with support THREE (3) term that need to be complied with the trade union. (9 tuarks) Differentiate between Industrial Court and Labor Court (4 marks) Employers have the right to take disciplinary action against employees and this action may lead to the dismissal of the employee or the imposition of some other punishment, Discuss TWO (2) situations where employers can take disciplinary action against employees. (4 marks) As the Production Manager, Amir had warned Kamarul verbally for arriving late for work twice in a woek time. Further action taken by Aimit as the Production Manager was to issue a warning letter to Katnatul for not abiding by the verbal warning given before, Prepare a waming letter to Kamarul in the form of a memo. (6 marks) After receiving complaints, the management started to conduct an investigation and found a pritna facie in the accusation where Kamarul was found guilty for giving a fake medical certificate in order to get hit a leave, TERBUKA CONFIDENTIALCONFIDENTIAL BPC 42803 (b) Prepare a show cause letter demanding an explanation for Kamarul behavior. (15 marks) The employment Act, Section 14, slates that an employee can be dismissed on the grounds of misconduct after “due inquiry”. ‘This section of the law was interpreted ty mean that a formal tial, called a domestic inquiry, should be held in the workplaces before imposing the penalty of dismissal (i) Define domestic inquiry (2 marks) (ii) List THREE (3) purposes of conducting domestic inquiry. G marks) (iii) Demonstrate SEVEN (7) main stages that need to be done by Izzah an IR officer to cary out att domestic inquiry on Atuit ou charges of stealing at workplaces (14 marks) Once the inquity has Leen held and where the employee if found guilty, the employer must decide on a suitable penalty. Discuss THREE (3) mitigating factors employer should take into consideration (6 marks) Q4 Every employer should design a clear procedure so that supervisor and managers know how to handle the employee’s problem whose performance is not satisfactory. () As a Human Resource Manayet. Falitnal was responsible for ensuring that "appropriate action was taken ayainist Ali who showed poor performance and still in the probationary period, Illustrate THREE (3) procedures to be followed by Fatimah before firing Ali for poor performance. (12 marks) | TERBUKA CONFIDENTIALCONFIDENTIAL BPC 42803 (6) Dismissal is normally an action taken by an employer who terminates an employee's services. Differentiate between constructive dismissal and frustration of contract (4 marks) (©) — Give THREE (3) cxample situation that possibilities leading Wo fustration of contract (9 marks) - END OF QUESTIONS -