What are the implied obligations of the employer, Business Law and Ethics

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Question 1:

With the enactment of the Labour Act 1975, how far has the freedom of the employer to unilaterally terminate contracts of employment been abrogated?

Question 2:

"Constructive dismissal is inherently different 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].

Outline the circumstances in which an employee can invoke constructive dismissal.

Question 3:

What are the implied obligations of the employer and the employee under a contract of employment?

Question 4:

Recognition of negotiating rights is an important element for the regulation of industrial relations. Outline the procedure and criteria for the granting of recognition of negotiating rights?

Question 5:

" The duty of Management to bargain in good faith is essentially a corollary of its duty to recognize the union" (Supreme Court of the United States in NLRB V.Insurance Agents' International Union) Discuss.


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