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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 and/or give relevant practical examples

Question 1
a) All labour issues are generally tripartite in nature.
i) What is ‘tripartite’? (2marks)
ii) Outline the various manifestations of tripartism in employment issues. (8marks)
b) Clearly explain the conditions for valid variation of a contract of employment. (10marks)
c) Explain the methods/tests used to distinguishing between employee and independent contractor. (10marks)

Question 2
a) Outline all statutory leaves provided for in the Employment Act, 2007. (10marks)
b) Discrimination is outlawed in Employment Act (2007). What are the exceptions to this provision? (10marks)

Question 3
a) The employment rights have now been entrenched in the new Kenyan Constitution. Outline the rights provided for in Article 41 of the constitution. (10marks)
b) Discuss the improvements of the Labour Relations Act, 2007 on the previous statutes, now repealed. (10marks)

Question 4
Write explanatory notes on any five of the following:
a) Notional extension of employment.
b) Contra proferentem rule of interpretation of the employment contract.
c) Functions of Industrial Court
d) The provision for welfare of workers
e) Disablement of employment in Work Injury Benefits Act, 2007.
f) Advantages of express terms and conditions of employment contract. (20marks)

Question 5
a) Under what circumstances may an employer validly make deductions from the employees pay. (8marks)
b) Distinguish between wrongful dismissal and unfair dismissal. (6marks)
c) For what purpose may the Industrial Training Fund be applied? (6marks)

Hrmg 430: Labor Laws Question Paper

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