Maimunah's Column

Maimunah 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 letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All 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 System

The 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 Management

Practical 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.

Cases Highlight

ABDUL MALEK GAMPANG lwn. ADVANCE PACT SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 380 TAHUN 2018 [NO. KES: 6(18)(12)(20)/4-1175/13]
20 FEBRUARI 2018


VINCENT PILLAI LEELAKANDA PILLAI v. SUBANG JAYA HOTEL DEVELOPMENT SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
JAMIL ARIPIN
AWARD NO. 487 OF 2018 [CASE NO: 14/4-1339/16]
5 MARCH 2018

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Article Highlight

MELBOURNE BUSINESS ORDERED TO PAY WORKER $20,000 FOR FIRING HER AFTER SHE RESIGNED
AUSTRALIA
Employment
Company should never counter a resignation with a dismissal letter
A former nail technician at a Melbourne beauty salon has won $20,000 in compensation after her employer tried to fire her two hours after she handed in her resignation, which she says she was forced to submit because she was being bullied for chasing unpaid wages. The staff member at Solene Paris Beauty, a salon in Melbourne’s Stud Park Shopping Centre, brought unfair dismissal proceedings against the business after her employment ended in March 2017.

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PUBLIC SERVANT SACKED FOR CRITICISING REFUGEE POLICY ON TWITTER WINS WORKERS COMPENSATION CASE
AUSTRALIA
Employment
'Prolific tweeter' wins major legal victory
A FORMER public servant who was sacked for tweeting comments critical of Australia’s refugee policy has won a compensation case for post-traumatic stress disorder after a tribunal ruled the termination breached her “implied freedom of political communication”. Michaela Banerji, a “prolific tweeter” under the handle @LaLegale, was sacked by the Department of Immigration and Citizenship in 2013 for breaching the Australian Public Service Code of Conduct over a series of tweets criticising the government, its refugee policy, the minister and her own supervisor, communications manager Sandi Logan.

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Global Media Reports

MALAYSIA

Harapan's victory promises hope for refugees
Malaysiakini | 24-May-2018
LETTER | Pakatan Harapan’s victory in the general election has provided hope to the more than 150,000 refugees living in Malaysia that the government ...

The reforms needed in higher education in Malaysia
Malaysiakini | 23-May-2018
The Malaysian Academic Movement (MOVE), also known as Pergerakan Tenaga Akademik Malaysia (Gerak), would like to congratulate Maszlee Malik on being a...

ASEAN

Korean factory bars 61 union members for causing unrest
Myanmar Times | 24-May-2018
Scores of union members were barred from returning to work by company officials at South Korean wig manufacturer Macdo in Mingalardon Industrial Zone ...

Police stepping up operations to combat human trafficking
The Phnom Penh Post | 23-May-2018
The National Committee for Counter Trafficking (NCCT) said on Tuesday that operations against human trafficking and sexual exploitation networks are i...

WORLD

UAE will change labour law, minister tells FNC
gulfnews.com | 24-May-2018
Abu Dhabi: The UAE Labour Law will be changed to live up to the ambitions of the leadership, citizens and private sector, and to fit the post-oil era,...

South Africa: Minister Mildred Oliphant Designates Advocate Molefe As Registrar of Labour Relations
AllAfrica.com | 23-May-2018
press release Advocate Lehlohonolo Daniel Molefe has been designated by Labour Minister, Mildred Oliphant as the new Registrar of Labour Relations....

See all previous Global Media Reports

New! LLB Bulletin #05/2018