Question 1:
“Constructive dismissal is inherently diverse from dismissal in the sense that it is the employee who necessarily takes the initiative in considering the contract as having been repudiated” ( per Lallah ag.SPJ and Ahnee J. in Raman Ismael v. United Bus Service [1986 MR 182] ).
In what circumstances can an employee invoke constructive dismissal?
Question 2:
With the enactment of Employment Rights Act 2008 how far has the freedom of the employer to unilaterally terminate his worker’s employment been curtailed?
Question 3:
(a) What are the causes of employee grievances and how best can they be solved?
(b) Outline the merits and demerits of having a formal set of rules to handle grievances in an organization.
Question 4:
(a) Section 63 of the Employment Relations Act 2008 provides as follows: “The parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Tribunal or to an arbitrator appointed by them” What are the merits and demerits of arbitration?
(b) Section 68(1) of the Employment Relations Act 2008 provides as follows: “Notwithstanding this Act, the Supervising Officer may provide a conciliation service with a view to conciliating the parties to a dispute not yet reported to the President of the Commission” What is the proper meaning of conciliation? Is it an effective techniques to solve disputes?