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.
PETER JAMES WILLIAM DYER v. YAYASAN UEM
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1014 OF 2019 [CASE NO: 30(32)(19)/4-800/17]
21 MARCH 2019
ALLAN CHOY KIM LEONG v. CANON MARKETING (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1181 OF 2019 [CASE NO: 30(15)/4-1761/18]
11 APRIL 2019
SUPERMARKET WORKER WAS UNFAIRLY DISMISSED OVER INAPPROPRIATE MESSAGES TO 17-YEAR-OLD COLLEAGUE
Tesco employee unfairly dismissedA supermarket worker was unfairly dismissed after managers carried out a flawed investigation into ‘inappropriate’ messages he sent to a 17-year-old colleague, a Scottish tribunal has ruled. The Dundee tribunal said various Tesco managers failed to carry out a fair investigation into comments the worker, who was referred to as S in court documents, made towards a younger co-worker on Facebook, as well as a subsequent comment made in person. S was 39 at the time.JUNE’S TOP FIVE EMPLOYMENT LAW CASES
UKEmploymentFive most read tribunals of last monthPeople Management takes a look at the five most read tribunals of last month1. Railway worker who lowered crossing barrier onto car was not unfairly dismissedA railway crossing keeper was fairly sacked after he admitted bumping a car with a crossing barrier to “teach its driver a lesson”, a south London employment tribunal (ET) ruled. Mr A McKay worked for Network Rail as a crossing keeper from May 2005 until he was dismissed on 12 January 2018 following allegations of gross misconduct after the incident involving a car he felt had failed to respect warning alarms. McKay brought claims of unfair dismissal to the ET, however Judge Katherine Andrews ruled in favour of Network Rail, saying it had reasonable grounds to dismiss McKay and carried out a fair investigation.
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