Maimunah's ColumnMaimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.
Queries and comments may be sent to the columnist at firstname.lastname@example.org with the sender’s full name and e-mail address.
Guide to the Employment Act 1955All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.
Guide to the Industrial Relations SystemThe Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.
Practical HR ManagementPractical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.
AFIFI HAJI HASSAN v. NORMAN DISNEY & YOUNG SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AWARD NO. 1452 OF 2018 [CASE NO: 23(13)/4-204/12]
28 JUNE 2018
DISMISSAL: Misconduct – Whether the claimant’s action of filing a windingup petition against the company had constituted serious misconduct which had justified his dismissal – Factors to consider – Impact of the winding-up petition on the company – Whether the company had been justified in dismissing him – Claimant’s duty of fidelity towards the company – Whether by his actions, he had been in breach of it – Factors to consider – Effect of – Whether dismissal without just cause and excuse
INDUSTRIAL COURT: Jurisdiction – Threshold jurisdiction – Whether possessed by the Industrial Court – Factors to consider – Effect of – Whether the claimant by filing the winding-up petition against the company had ceased to be a workman under s. 2 of the Industrial Relations Act 1967 – Effect of – Industrial Relations Act 1967, s. 2
AZLINDA ADELI lwn. BARKATH STORES/ BARKATH MANAGEMENT SERVICES
MAHKAMAH PERUSAHAAN, PULAU PINANG
AWARD NO. 1988 TAHUN 2018 [NO. KES: 18/4-1565/16]
20 OGOS 2018
KETERANGAN: Keterangan dokumentari – Sama ada YM merupakan seorang pekerja syarikat responden – Faktor-faktor yang harus diambil kira – Keterangan yang dikemukakan – Kesannya – Sama ada terdapat hubungan majikan-pekerja antara syarikat responden dengan YM – Faktor-faktor yang harus diambil kira – Kesannya – Sama ada YM telah dibuang kerja oleh syarikat responden – Sama ada pembuangan kerjanya telah dilakukan secara adil dan bersebab – Akta Perhubungan Perusahaan 1967, s. 2
KONTRAK PEKERJAAN: Kewujudan – Tiada kontrak perkhidmatan antara YM dengan syarikat responden – Sama ada wujud hubungan majikan-pekerja antara syarikat responden dengan YM – Faktor-faktor yang harus diambil kira – Kesannya – Sama ada kontrak pekerjaan boleh wujud secara tersirat – Akta Perhubungan Perusahaan 1967, s. 2
AIRLINE PILOT WAS UNFAIRLY DISMISSED OVER FEAR OF FLYING
UKEmploymentDismissed pilot should have been offered alternative role, given opportunity to discuss positionA Flybe pilot who lost his job in 2017 after he developed a fear of flying has won an unfair dismissal claim at an employment tribunal. First officer Matthew Guest, who was based in Birmingham, had been flying with the airline for seven years when he began to suffer anxiety after being promoted and switching aircraft type in 2014. An employment judge ruled that Guest should have been offered an alternative role and given the opportunity to discuss his position with senior managers at the regional airline.‘IT’S VALUABLE DATA’: QUEENSLAND WORKER SACKED FOR REFUSING TO SIGN IN USING FINGERPRINT SCANNER
AUSTRALIAEmploymentEx-factory hand loses unfair dismissal claimA Quennsland sawmill worker sacked for refusing to sign in using a fingerprint scanner has lost an unfair dismissal claim despite his employer’s “disturbing” privacy failures. Factory hand Jeremy Lee took his case to the Fair Work Commission in March after being let go from the Superior Wood mill in Imbil, near Gympie, where he had “not missed a single day at work” in three years. The company introduced the new policy in October 2017, announcing that “all employees must use the biometric scanners to record attendance on site”. Mr Lee objected, saying he regarded his biometric data as “personal and private”.
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