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Question 1

John is an experienced tour guide worked for Orange Travel Agency in Desaru, Johor. He was

complained by a group of tour members due to his poor attitude. Few days later, an old couple

complained that John supposed to pick up them at 9 in the morning from the hotel, however John

only shown up at 10.30am without giving any explanation. Based on several bad comments, Orange

Travel Agency has given John one month’s notice of termination in accordance with his employment

contract.

a) Based on the case study above, construct advises for Orange Travel Agency whether their

action is appropriate (15 marks)

b) Explain differences between Constructive dismissal and Unfair dismissal (10 marks)

Question 2

Irwan is the human resource manager of Chanteque Hotel. His poor knowledge of human resource

management has resulted in the company hiring many incompetent employees. One of the employee

did a wrong thing and unfortunately causes harm to a customer while on duty. The company lawyer

is concerned that Chanteque Hotel might be vicariously liable for the negligence of such employees.

Based on the situation above:

(a) Write TWO principles of ‘vicarious liability’. (5 marks)

(b) Examine the process for the plaintiff to make an employer vicariously liable for the injuries he

suffered. (20 marks)

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