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Hrmg 430: Labour Law Question Paper

Hrmg 430: Labour Law

Course:Labour Law

Institution: Kenya Methodist University question papers

Exam Year:2008

KENYA METHODIST UNIVERSITY

END OF FIRST TRIMESTER 2008 EXAMINATION

FACULTY : BUSINESS AND MANAGEMENT STUDIES
DEPARTMENT : BUSINESS ADMINISTRATION
COURSE CODE : HRMG 430
COURSE TITLE : LABOUR LAW
TIME : 3 HOURS

INSTRUCTIONS
• Answer Question ONE and any other THREE Questions

Question 1
a) Outline the controlling and regulatory nature of the labour statutes. (15marks)

b) The employment Act, 2007 has provided for unfair dismissal. What is unfair dismissal and how does if differ from summary dismissal? (10marks)

Question 2
a) Outline the powers of medical officer as provided for in the labour institutions Act. (No.12), and 2007 laws of Kenya. (10marks)

b) Discuss the attestation requirements for a foreign contact of service as provided for by the Employment Act, 2007. (8marks)

c) Explain what is meant by notional extension of employment and its exceptions.
(7marks)

Question 3
a) Employment law and the employment relationship are influenced, created by and dependent upon a number of factors which may be considered to be the source of labour laws. Outline these sources. (10marks)

b) When an employee is dismissed wrongfully and/or unfairly, the employee may make an application to the labour officer who may recommend for the employer to reinstate or re-arrange or compensate the employee for unjustified dismissal. State the various factors provided for in Employment Act, 2007 that the labour officer must consider before recommending the said remedies. (15marks)

Question 4
a) International Labour Organization (ILO) over the years has passed conventions that have impacted heavily upon labour laws in Kenya. Select any five conventions and discuss their importance to employer/employee relationship. (10marks)

b) The Work Injury Benefits Act (2007) has stated some persons who shall not be regarded as employee. State these persons. (8marks)

c) Outline the functions the Director of Work Injury Benefits shall perform according to the Act. (7marks)

Question 5
Write short explanatory notes on the following:
a) The common responsibilities of the parties under the Industrial Relations Charter.
(5marks)

b) Tests for distinguishing employee from contractors. (5marks)

c) Content/particulars of employment contract. (5marks)

d) Safety provisions under OSHA, 2007. (5marks)

e) Requirements of valid contract for employment. (5marks)

f) Apprentices/indentured learners. (5marks)

Question 6
a) An occupier has unlimited number of duties to perform to ensure safety, health and welfare at the work place. Summarize the duties as provided in the OSHA, 2007.
(8marks)

b) The Labour Relations Act (2007) combines the previous Trade Disputes Act and Trade Unions Act. In relation to this important statute:
i) What are the purposes for which the trade union funds may be validly and may
lawfully be used. (8marks)

ii) Outline the dispute resolution machinery. (9marks)

Hrmg 430: Labour Law Question Paper

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