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

KESATUAN EKSEKUTIF RHB BANK BERHAD v. RHB BANK BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
EMPLOYEES’ PANEL: MATHIALAGHAN VERARAGHAVAM
EMPLOYERS’ PANEL: SARITA BERAM SHAH @ RAJARAM
AWARD NO. 1507 OF 2019 [CASE NO: 4/2-2565/18]
23 MAY 2019

INDUSTRIAL COURT: Jurisdiction – Matter referred to the DGIR and the Minister pursuant to sections 9(1A), (1B) and/or (1D) of the Act for a decision &nash; Whether the Industrial Court had jurisdiction to hear the matter – Factors to consider – Effect of – Industrial Relations Act 1967, ss. 9(1A), (1B) and (1D)


KESATUAN PEKERJA-PEKERJA KESELAMATAN SAFEGUARDS G4S SDN BHD v. SAFEGUARDS G4S SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
EMPLOYEES’ PANEL: RAJA MORGANAN NARUNAN
EMPLOYERS’ PANEL: HEZLINA HASHIM
AWARD NO. 2054 OF 2019 [CASE NO: 1/3-3087/2018]
16 JULY 2019

TRADE DISPUTE: Warning letter – Company issuing a warning letter to the President and Vice President of the union, in relation to the latters’ actions of allegedly threatening and giving an ultimatum to it – Whether the company’s actions had constituted the conduct of obstructing both the President and the Vice-President of the union from carrying out their union duties – Factors to consider – Evidence adduced – Evaluation of – Effect of – Industrial Relations Act 1967, ss. 2, 4, 5, 7, 8(1) & (3)

Read More

Article Highlight

FAIR WORK OMBUDSMAN LAUNCHES ACTION AGAINST BARRY CAFE OVER UNDERPAYMENT ALLEGATIONS
AUSTRALIA
Employment
Fair Work Ombudsman commences action against café alleged to have underpaid workers
The owners of Northcote's Barry cafe, siblings Stavros and Anastasia Petroulias, and the company they part-own and operate Malevi Pty Ltd will face a directions hearing in the Federal Circuit Court on October 16. This follows an ABC investigation last year, when former staff accused the cafe of underpayment by at least $5 an hour.

Read More

PREGNANT WOMAN 'UNFAIRLY DISMISSED' RULES INDUSTRIAL TRIBUNAL
UK
Employment
Woman sacked while 20 weeks' pregnant wins unfair dismissal case, awarded £28k
Laura Gruzdaite, 26, lost her job at McGrane Nurseries, in Tandragee, two days after an antenatal appointment. Despite telling managers about the scan, they accused her of "skipping work" and said she would be needing "more days off". The County Armagh firm apologised to Mrs Gruzdaite and said the "situation should never have occurred".

Read More

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 #10/2019