problem 1: It is not every misconduct that justifies the summary dismissal.
(Satianand Beegoo v.Deep River Beau Champ).
Describe in detail the requirements, both substantive and procedural that should be complied with in order to make sure a fair dismissal in the event of misconduct.
problem 2: One of such general precepts of our law of contract is that covenants legally entered into can’t be revoked except by mutual consent of the parties thereto (article 1134 C.nap) and the other that the failure by one party to a contract to perform his part of the agreement gives a right to the other to ask for his annulment (article1184 C.nap)”. Vacoas Transport v. Pointu (1970) MR 35.
What would be the consequence of the above provisions with regard to a contract of employment of indeterminate duration? Describe your answer with reference to case law.
problem 3: With the enactment of the Employment Rights Act 2008, how far has the freedom of the employer to unilaterally terminate his employee’s contract of employment been abrogated?
problem 4: Section 29 of the Employment Relations Act 2008 gives inter alia that each and every worker shall have the right to establish or join, as a member, a trade union of his own choice and to take part in the lawful actions of a trade union of which he is a member.
To what extent can an employee, who has selected to be a member of a trade union, take part in the lawful actions of his trade union?
a) Recognition of negotiating rights is a significant element for the regulation of industrial relations as it confers exclusive rights and privileges for the union which has been recognized.
What are the criteria that the Commission for Conciliation and Mediation would take into account before granting trade union recognition of the negotiating rights?
b) Section 63 of the Employment Relations Act 2008 provides as shown below:
The parties to a labor dispute might jointly refer such dispute for voluntary arbitration to the Tribunal or to an arbitrator appointed by them.
What are the benefits and drawbacks of arbitration?