Reference no: EM133144762

a. Sim is the manager in Pelangi Sinar Sdn. Bhd. and had taken the job for the past three years. A month ago, he planned to go to Kuching for five days to visit his close relatives and had made a leave application to the employer. However, the employer refused to approve the leave and instead had instructed Sim to go to Ipoh for an official task. Sim was reluctant to go to Ipoh and decided to proceed with his leave to Kuching. When Sim returned from Kuching, he received a termination letter from Pelangi Sinar Sdn. Bhd. for the reason that Sim had refused to comply with the employer's instruction and for absence from work without approval. Sim was not happy with the termination and alleged that he had been dismissed without just cause.

• Discuss the rights of Pelangi Sinar Sdn. Bhd. and Sim in the above dismissal case by referring to the relevant case-law.

b.

1. Explain the jurisdiction of the Industrial Court, particularly on the jurisdiction regarding a reference made by the Minister under Section 20(3) or Sections 26(1) and 26(2) of the Industrial Relations Act, 1967.
2. According to Section 20(1) of the Industrial Relations Act, 1967, "Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be reinstated in his former employment...

Discuss one relevant case-law relating to representation made by an employee under the above legal provisions.

c. A collective agreement which has been given cognizance by the court must be treated as an award (Malayan Breweries v. National Union of Drink Manufacturing Industry Workers [1998] 1 ILR 27) and bind the parties in the agreement including the employers' union and all workers working in the industries related to the agreement; and the contents of the collective agreement shall become the implied conditions of a contract of service between the workers and the employer in relation to the amount of wages and other terms of employment."

• Explain the above statement by referring to the relevant case-laws on the content and effect of a collective agreement.

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