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

PAPER AND PAPER PRODUCTS MANUFACTURING EMPLOYEES’ UNION v. ORNAPAPER INDUSTRY (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
EMPLOYER’S PANEL: SABRI ISHAK
EMPLOYEE’S PANEL: MATHIALAGHAN VERARAGHAVAN
AWARD NO. 688 OF 2020 [CASE NO: 22(15)(21)(26)(13)(1)/2-509/08]
1 JUNE 2020


MOHD ROZI OTHMAN v. SURIA STRATEGIC ENERGY RESOURCES SDN BHD
(consolidated with Case No.: 12/4-159/19, 12/4-160/19, 12/4-161/19, 12/4-162/19, 12/4-163/19, 12/4-164/19, 12/4-165/19, 12/4-166/19, 12/4-167/19, 12/4-168/19, 12/4-169/19, 12/4-172/19, 12/4-174/19, 12/4-175/19, 12/4-179/19, 12/4-180/19, 12/4-181/19, 12/4-183/19, 12/4-271/19, 12/4-173/19, 12/4-174/19, via Interim Award No. 1689 of 2019 dated 11 June 2019)
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
AWARD NO. 691 OF 2020 [CASE NO: 12/4-158/19]
1 JUNE 2020

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Article Highlight

EX-CITI LONDON FOREX TRADER WELCOMES UNFAIR DISMISSAL RULING
UK 
Employment 
 Former Citigroup trader was unfairly dismissed, but reinstatement not practicable
A former top currency trader has won an unfair dismissal case against Citigroup Inc but cannot expect to return to his job, a London employment tribunal has ruled. Rohan Ramchandani, the former European head of Citigroup’s forex spot market trading desk, alleged in a lawsuit in October that the bank had dismissed him unfairly without due process or warning.

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DOWNFALL: BP WORKER SACKED AFTER HITLER MEME WINS PAYOUT
AUSTRALIA
Employment
Worker sacked for parodying company via well-known Hitler meme awarded A$200k payout
A BP refinery worker in Australia who was sacked for parodying the company via a well-known Hitler meme has been awarded a $200,000 (£109,000) payout. Scott Tracey used the popular meme, from 2004 film Downfall, to portray scenes from company wage negotiations, posting it on a closed Facebook group. He was sacked by the company. However, after a two-year legal battle, he won an unfair dismissal case and returned to work. The payout covers lost earnings.

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Global Media Reports

MALAYSIA

Amirudin urges local authorities to take action against errant employees
The Sundaily | 12-Aug-2020
SHAH ALAM: Selangor Menteri Besar Datuk Seri Amirudin Shari (pix) has urged local authorities (LAs) in the state to take stern action against enforcem...

Employees being retrenched without informing labour dept - Saravanan
The Sundaily | 12-Aug-2020
PUTRAJAYA: Human Resources Minister Datuk Seri M. Saravanan (pix) today revealed a worrying retrenchment scenario due to the Covid-19 pandemic when so...

ASEAN

Coronavirus: 'Home workers need rights', say Plaid Cymru and Labour
BBC | 12-Aug-2020
Home working during the coronavirus pandemic has led to calls for changes in the law to give workers more rights....

UK suffers biggest job losses since 2009 as Covid hits
The Star | 11-Aug-2020
UK suffers biggest job losses since 2009 as Covid hits...

WORLD

Pregnant women wrongly sent home on sick pay during pandemic, Labour says
The Guardian | 12-Aug-2020
Labour has called on the government to take urgent action to ensure that women who have been pregnant during the pandemic do not have their maternity ...

US employers post more jobs in June, pull back on hiring
Hawaii Tribune | 11-Aug-2020
WASHINGTON — U.S. employers advertised more jobs in June compared with the previous month, but overall hiring fell, painting a mixed picture of the jo...

See all previous Global Media Reports

New! LLB Bulletin #08/2020