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

JAGVINDER SINGH MAGHAR SINGH v. MOTORDATA RESEARCH CONSORTIUM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
BERNARD JOHN KANNY
AWARD NO. 1292 OF 2019 [CASE NO: 29(21)/4-1439/18]
26 APRIL 2019

DISMISSAL: Insolence – Gross insolence – Claimant failing to respond to the company’s warning and show cause letters – Reasons for the same – Whether it had amounted to gross insolence and insubordination – Factors to consider – Evidence adduced – Evaluation of – Effect of – His defence – Whether could be accepted – Whether the charge had been proven by the company against him – Whether dismissal without just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)


RAJAKUMAR KUPPUSAMY v. ONE WORLD HOTEL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1304 OF 2019 [CASE NO: 30/7-427/19]
29 APRIL 2019

VARIATION ORDER: Award – Whether the applicant’s application to vary the Award ought to be allowed – Factors to consider – Effect of – Whether the Award had contained any ambiguity or uncertainty to its terms, that had justified a variation of it – Whether the IC by handing down the Award, had been rendered functus officio – Industrial Relations Act 1967, ss. 30(5) & 33(2)

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Article Highlight

SINGAPORE BRACES FOR CHALLENGES IN THE JOB MARKET
SINGAPORE
Employment
Workforce grappling with twin challenges of ageing population, technological disruption
Singapore’s workforce is grappling with the twin challenges of an aging population and job losses due to technology. According to a report on the burden of disease in Singapore between 1990 and 2017, the Southeast Asian nation surpassed Japan in 2017 to become the country with the longest life expectancy at birth — at nearly 85 years old. Longer life expectancy, coupled with a low fertility rate, has increased the proportion of older people in the country. As a result, the city state’s workforce is rapidly shrinking, creating pressure on the economy.

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DELIVEROO SUED BY FORMER WORKER WHO ALLEGES EXPLOITATION AND UNDERPAYMENT
AUSTRALIA
Employment
Food delivery giant Deliveroo accused of exploiting bicycle couriers
Food delivery giant Deliveroo is being sued by one its former workers in a case that could have major ramifications for the gig economy. The company is accused of exploiting its bicycle couriers by failing to pay the minimum wage, penalty rates and superannuation. Former delivery rider Jeremy Rhind will argue in the Federal Circuit Court, that he should have been paid an hourly minimum of $19.49. Instead, Deliveroo paid him $9 per delivery. Mr Rhind agreed to the "low rate of pay" because he was a keen cyclist who wanted to make "extra pocket money" to supplement his office job in Canberra.

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Global Media Reports

MALAYSIA

Serious squatter issue in Penampang
New Straits Times Online | 27-May-2019
PENAMPANG: SQUATTER colonies are hindering progress along a stretch of road emerging as a potential boom area in the district here....

Enhancing governance in Malaysia
The Star Online | 27-May-2019
I MUST congratulate and commend the Inspector-General of Police (IGP), Datuk Seri Abdul Hamid Bador, for his stern warning to police personnel to cut ...

ASEAN

Five economic challenges for India’s Narendra Modi
The Phnom Penh Post | 27-May-2019
With Hindu nationalist Prime Minister Narendra Modi and his Bharatiya Janata Party securing a landslide win in the Indian elections, AFP looks at the ...

Myanmar soldiers jailed for Rohingya killings freed after less than a year
Free Malaysia Today | 27-May-2019
YANGON: Myanmar has granted early release to seven soldiers jailed for the killing of 10 Rohingya Muslim men and boys during a 2017 military crackdow...

WORLD

European elections 2019: Brexit Party dominates as Tories and Labour suffer
BBC News | 27-May-2019
The Brexit Party was the clear winner in the UK's European elections, with the pro-EU Lib Dems coming second. The Conservatives and Labour suffered...

Rent spikes, gig jobs among bills facing legislative action
CityNews Vancouver | 27-May-2019
SACRAMENTO, Calif. — The California Legislature faces key decisions this week, including trying to reign in police use of force, prevent rent spikes, ...

See all previous Global Media Reports

New! LLB Bulletin #09/2019