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.
MOHD YUSOFF KAMARUDDIN lwn. SYARIKAT TAKAFUL MALAYSIA BERHAD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
AWARD NO. 686 TAHUN 2018 [NO. KES: 14/4-29/15]
29 MAC 2018
TEOH JEN LEE v. SHARP-ROXY SALES & SERVICES CO (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 702 OF 2018 [CASE NO: 19/4-1128/13]
30 MARCH 2018
SACKING BY PHONE, TEXT OR EMAIL ONLY ACCEPTABLE IN ‘RARE CIRCUMSTANCES’, FAIR WORK RULES
AUSTRALIAEmploymentBeauty salon worker should have been sacked face-to-faceEmployees should only be sacked by phone, text or email in “rare circumstances” such as when there is a genuine risk of physical violence, the Fair Work Commission has warned. The industrial relations tribunal made the comment in throwing out an unfair dismissal case, finding in favour of the employer but “making one criticism of the process”. That was despite the employer complying with the Small Business Unfair Dismissal Code laid out by the workplace cop, the Fair Work Ombudsman, which makes no requirement for employees to be let go face-to-face.FLYING INSTRUCTOR WHOSE BOSS THREW CUP OF TEA AT HIM AWARDED £19,000
UKEmploymentFlying instructor whose boss threw tea at him was unfairly and wrongfully dismissedA flying instructor whose boss threw a cup of tea at him in a dispute over an aircraft has been awarded more than £19,000, after an employment tribunal found he was unfairly and wrongfully dismissed. Phil Jones worked as the only fixed wing flying instructor at Flylight Airsports in Northamptonshire from 2006 up to his dismissal in 2017. He left his job following an argument that erupted in August 2017, after discovering that the aircraft he usually flew had not been serviced despite two colleagues having previously said they would do so.
Global Media Reports
Asian Development Bank keeps Malaysia GDP outlook at 5.3% for 2018, 5% for 2019
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The Settlement of Labour Disputes Law will likely be amended to add prison penalties in the next parliament session, said an official of the Pyithu Hl...
Debate continues over Labour’s code on antisemitism
The Guardian | 19-Jul-2018
Many contributors to the antisemitism debate around the Labour party seem to be creating more confusion than clarity (Labour accused of breaking law w...
Lawyer Douglas Wigdor on #MeToo Litigation and His Career in Employment Law
Lawdragon (blog) | 18-Jul-2018
Douglas Wigdor of Wigdor LLP has been battling employment discrimination and sexual assault through civil legal action since starting his own firm 15 ...
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