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.
BALADEVAN NADARAJAN v. PPG PERFORMANCE COATINGS (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1222 OF 2019 [CASE NO: 19(4)(16)/4-1001/16]
17 APRIL 2019
KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN SEMENANJUNG MALAYSIA v. PRIMULA BEACH HOTEL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EMPLOYEES’ PANEL: NOR AZMIN TAJUL ARIFIN
EMPLOYERS’ PANEL: HEZLINA HASHIM
AWARD NO. 1291 OF 2019 [CASE NO: 28(7)/2-462/17]
25 APRIL 2019
HR ADMINISTRATOR WAS UNFAIRLY DISMISSED AFTER EMPLOYER FAILED TO CONSULT DURING REDUNDANCY
UKEmploymentNo proper consultation with Oracle administrator about ways to avoid redundancyAn HR administrator was unfairly dismissed after a tribunal ruled her employer made her redundant and failed to consult with her during a company-wide restructuring exercise. The Reading employment tribunal (ET) found there was no proper consultation with Mrs H Bagri, an HR administrator for Oracle, about ways to avoid redundancy. Judge Andrew Gumbiti-Zimuto rejected Oracle’s arguments that Bagri’s role as an HR professional meant she would have “[complained] about inadequate consultation”, and the fact that Bagri did not do so “showed there was an adequate consultation”. An additional complaint of breach of contract was dismissed.ISRAEL FOLAU: SACKED PLAYER SUES RUGBY AUSTRALIA OVER ANTI-GAY ROW
AUSTRALIAEmploymentSacked rugby player's case may set legal precedent for national employment lawSacked rugby player Israel Folau has launched court action against Rugby Australia (RA) in a case which may set a legal precedent for religious expression in Australian workplaces. The former Wallabies player was fired in May after he wrote on social media that "hell awaits" gay people. He argues his contract was unlawfully ended due to his Christian beliefs. Australian rugby officials maintain that Folau breached a players' code of conduct. Mediation attempts in Australia's main workplace relations tribunal broke down in June.
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