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Hrmt 415:Labour Laws December 2009 Question Paper
Hrmt 415:Labour Laws December 2009
Course:Bachelor Of Commerce
Institution: Kabarak University question papers
Exam Year:2009
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009/2010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF COMMERCE
COURSE CODE: HRMT 415
Instructions
1. Answer All Questions in Section A and any Other Three From Section B.
2. Proper Management of Time, Legibilty, Clarity and Brevity are Important.
SECTION A
QUESTION 1
(a) The colonial era saw a retrogressive and progressive development in the labour laws in
Kenya. Discuss this statement. (8 marks)
(b) In the contract of employment it may be safe to say that annual leave and maternity/
paternity leave are mutually exclusive. Give a detailed exposition of this assumption.
(5 marks)
(c) “My employer is a just but a sadist, a mess and a joke. He reaps from where he has not
sown” Beatrice, a cashier at National Bank of Kenya said, while complaining of
deductions which have been made from her salary every other month. In your own
analysis of the law, under what circumstances would you disagree with her statement?
(6 marks)
(d) The Occupational Safety and Health Act, Act No 15 of 2007 repeats almost the same
provisions as the Factories’ Act, Chapter 154 of the Laws of Kenya about how the health
of workers in industrial establishments. Discuss six of such provisions. (6 Marks)
SECTION B
QUESTION 2
Discuss in detail the following issues in the individual contract of employment:
a) Termination by notice (5 marks)
b) Termination by dismissal with or without notice (4 marks)
c) The stipulations of the employment law on redundancy? (3Marks)
d) Compassionate strike (3marks)
QUESTION 3
(a) What is sexual harassment as the law defines it? Discuss how employees have been given
protection against sexual harassment under the labour laws in Kenya. (8 Marks)
(b) The law gives an employer wide powers when an issue of disciplining an employee
arises. What are the specific exclusions/exceptions to this “blank cheque”? (6 Marks)
(c) What do you understand by the phrase “sympathetic leave”? (1 mark)
QUESTION 4
(a) Yuri Andropov had worked for the Paradise Hotel for one and half consecutive months
only from the date of employment. He had a traffic accident which made his hospitalized
for four Months. He has applied to the employer to have her bills which amount to Kshs.
125000/= paid from her salary since the date of employment since she is being
discharged tomorrow but one. His salary is Ksh. 32500/= per month. Advise the
employer, since you are the Human Resource Manager. (5 Marks)
(b) The Ministry of Education, in Kenya has been dogged with constant threats of strikes by
the members of the Kenya National Union of Teachers from time to time. One tool it has
used to suppress this course has been the warning that the intended industrial actions are
illegal. Discuss this successful tool in regard to when the law is in favor of the Ministry’s
position. (10 Marks)
QUESTION 5
(a) A trade dispute has been brought before you, in you capacity as a Permanent Secretary to
the Ministry of Labour. Discuss with the complainants any two ways of solving it.
(4 Marks)
(b) Define and differentiate between
(i) a strike and a lock-out (3 marks)
(ii) A recognition agreement and a collective bargain agreement (3 marks)
(c) Discuss any five functions of Federation of Kenya Employers (5 marks)
QUESTION 6
(a) It is said that there is no real difference between a Contract of Service and a Contract for
Service. Agree or disagree. ( 4 Marks)
(b) To what extent is it true that employees’ democratic rights have been provided for under
the Labour Institutions Act, No14 of 2007? (4 Marks)
(c) Discuss any three entitlements of an employee under the current employment laws of
Kenya. (3 Marks)
(d) The persons who are to be appointed as trustees to manage Retirement Benefits Schemes
which are not established by any written law should have certain qualifications. Discuss
any such four qualifications. (4 Marks)
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