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Labour Laws Question Paper

Labour Laws

Course:Bachelor Of Commerce

Institution: Kca University question papers

Exam Year:2011

1
UNIVERSITY EXAMINATIONS: 2010/2011
THIRD YEAR EXAMINATION FOR THE DEGREE OF BACHELOR OF
COMMERCE
CAM 310: LABOUR LAWS (D+E)
DATE: AUGUST 2011 TIME: 2 HOURS
INSTRUCTIONS: Answer question ONE and any other TWO questions
Question One
a) Johnsons and Johnsons Ltd has acquired Sara lee Ltd which are both American firms operating in
Kenya and has appointed you the organizational design specialist to help it reorganize its human
resource department by merging the two organizations in order to create new roles and face out
other redundant functions. This job will require that you be exposed to the various employment
Acts and the international labour standards that guide management of labour in Kenya.
i) Identify and briefly explain the various employment laws and Acts that you will apply in these
acquisitions process. [10 Marks]
ii)In guarding against employee discrimination during the acquisition process. Discuss THREE
ways you will conduct the exercise so that the staff of the two companies does not feel
discriminated against. [6 Marks]
b) Enumerate the main parties in the employment relationship. Discuss the general duties and rights of
the parties to the employment contract. [14 Marks]
2
Question Two
a) The distinction between an employee and an independent contractor has always been a difficult
question in law. Discuss the tests that courts have formulated to bring out the distinction.
[12 Marks]
b) Discuss the grounds or incidents under which a summary dismissal may be justified in the
employment contract. [8 Marks]
Question Three
a) Employment contract must have certain elements. Discuss FIVE such elements that will make it
legally enforceable. [10 Marks]
b) Labour Law has an important role in the industrial relations of a country’s labour sector. Discuss
FIVE importance of having labour laws to a country like Kenya. [10 Marks]
Question Four
In an attempt to set the stage for the operationalization of labour laws in Kenya, a task force was
formed in 2001 to review the labour laws within the international labour organization framework.
Discuss any TEN labour law reform agenda that this taskforce came up within this review.
[20 Marks]
Question Five
a) Discuss the legal meaning of the word Intimidation, and the different forms of workplace
intimidations that may exist in the organizations. [12 Marks]
b) Labour laws have a long and acrimonious history. Discuss the legal weapons of choice that businesses used
to control early unionizations efforts. [8 Marks]

Labour Laws Question Paper

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