Hrmg 430: Labor Laws Question Paper
Hrmg 430: Labor Laws
Course:Business Administration
Institution: Kenya Methodist University question papers
Exam Year:2011
SCHOOL : SCHOOL OF BUSINESS AND ECONOMICS
DEPARTMENT : BUSINESS ADMINISTRATION
TIME : 2 HOURS
INSTRUCTIONS Answer Question ONE and any Other TWO Questions Cite case law or/and give relevant practical examples
Question 1
a) Whenever there is a dispute between employer and employee and the matter is to be adjudicated the court considers a number of rules/documents. In relation to this, set out the sources of labour law. (10marks)
b) Explain the difficulties that may be associated with the provision for paternity leave in the Employment Act. (10marks)
c) What is summary dismissal and on what grounds may such dismissal be validly made? (10marks)
Question 2
a) Distinguish between independent contractor and employee. (6marks)
b) State the various exceptions to discrimination as provided for in employment Act, 2007. (8marks) c) What functions does the National Labour Board (NLB) carry out? (6marks)
Question 3
Write detailed notes on any four of the following:
a) Restraint of Trade clauses in employment.
b) Contra proferentem rule of interpretation.
c) Certificate of service.
d) Notional extension of employment.
e) Apprentice. (20marks)
Question 4
a) What factors are considered by a person (Labour Officer or Even Court) when deciding on whether to advice for or order the reinstatement or reengagement of a dismissed employee. (10marks)
b) Distinguish between protected strike and prohibited strike. (10marks)
Question 5
a) Outline the common obligations for the social actors as stated in the Industrial Relations Charter. (8marks)
b) What are the labour relation rights as enshrined in the Kenyan constitution. (6marks)
c) Outline the functions of the director of work injuries benefits. (6marks)
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