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Human Resource Management Question Paper
Human Resource Management
Course:Diploma In Human Resource Management
Institution: Kenya Institute Of Management (Kim) question papers
Exam Year:2011
KENYA INSTITUTE OF MANAGEMENT
DIPLOMA IN HUMAN RESOURCE MANAGEMENT {PART 1}/DIPLOMA COURSE IN MANAGEMENT
SECTION III
MARCH 2011 EXAMINATION
SUBJECT; INDUSTRIAL &LABOUR LAWS: DHRM 6/HRM 205
DATE ; 7TH MARCH 2011
TIME ; 3 HOURS
INSTRUCTIONS;
1. Write your index number in the space provided in the answer booklet.
2. Answer question number one [compulsory] and any other four questions.
3. Question number 1 carries 28 marks while the other questions carry 18 marks.
4. NO writing should be done on this question paper.
5. Candidates who break KIM examination rules and regulations or commit any malpractice will be DISQUAFILIED
EMPLOYEES DILEMMA
Lady Mapenzi was employed under contract for twelve months. Upon completion of the probation period, the Human Resources Manager wrote her stating that she has done well so far but is short of the target by a small margin. The Human Resources Manager therefore recommended that her probationary period be extended by another six months to enable her achieve the shortfall. Lady Mapenzi accepted the recommendation but upon completion of the said six months, the Human Resources Manager wrote to her titled “Summary Dismissal for Incompetence”.
Meanwhile, Steven another employee was recently declared redundant by the employer without giving any notice whatsoever, neither was there any consultation. Another employee, Kamata has lodged a complaint with their union shop steward that certain deductions appear in his payslip which he cannot comprehend. He would like to know whether such deductions are lawful or otherwise.
1. a) In view of Lady Mapenzi’s situation, explain to her what meant by probationary contract and the legal position of her dismissal.
b) Advice Lady Mapenzi on the valid grounds for summary dismissal as envisaged by the Employment Act, 2007.
c) Given Steven’s case, explain to him what is meant by “redundancy” and the legal rules t be observed in declaring an employee redundant.
d) Advice Kamata on what constitutes lawful deductions under the Employment Act, 2007
2. a) “Arising out of ad in the course of employment” is an important component in determining the liability of an employer to compensate an employee in case of injury. Discuss.
b) Highlight the protections granted to wages or salaries of an employee under the Employment Act, 2007
3. a ) It is not compulsory for the registrar to register a trade union. Explain the circumstances under which the registrar may refuse to register and/or cancel the registration of a trade union.
b) Explain the;
I. Temporary and permanent disablement.
II. Common law duties of employers
4. Collective bargaining is an instrument in the hands of employees to improve their socio-economic and political welfare. However, for such a collective bargaining agreement to be valid and effective, it must be registered with Kenya Industrial Court. In view of this statement, explain what is meant by Collective Bargaining Agreement and discuss the process of validating such an agreement.
5. a) Summarise the composition and functions of the National Industrial Training Council.
b) Explain the relevance of the Industrial Court in labour management in Kenya.
6. a) The law is very jealous about the rights of employees hence their embodiment in the Employment Act,2007. In the light of this statement, explain the various rights of employees contained in the Employment Act, 2007.
b) Give an outline of any eight duties of occupiers of workplaces under the Occupational Safety and Health Act, 2007.
7. a) Contracts are never perpetual, at any one point, they must come to an end. In view of this statement, describe any four ways of terminating a contract of employment other than by dismissal.
b) Describe the composition and role of the National Labour Board in the administration and management of labour matters in Kenya.
8. Write short notes on the following:
a) Dependants under Work Injury Benefits Act, 2007
b) Provisions for Health of Employees under Occupational Safety and Healthy Act, 2007
c) Contents of certificate of registration of Employment Agencies.
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