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

JAPRA AK RASE @ RASEK v. SARAWAK ENERGY BERHAD & ANOR
INDUSTRIAL COURT, SARAWAK
ANI AK SOLEP
AWARD NO. 611 OF 2017 [CASE NO: 8/4-565/12]
22 JUNE 2017


NUR AZMAN REDZUAN v. SELINSING GOLD MINE MANAGER SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 871 OF 2017 [CASE NO: 11/4-622/14]
20 JUNE 2017

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Article Highlight

BC COURT OF APPEAL CONFIRMS DISMISSED EMPLOYEES DO NOT REQUIRE EXPERT EVIDENCE TO PROVE COMPENSABLE MENTAL INJURY
Canada
Employment

Courts won't award damages for normal distress and bad feelings resulting from loss of employment
An award of aggravated damages based on mental distress to a dismissed employee in Lau v Royal Bank of Canada 1 presented the British Columbia Court of Appeal with its first opportunity to apply the Supreme Court of Canada’s decision in Saadati v Moorhead 2 .

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FOUR YEAR RESTRAINT FOUND TO BE REASONABLE AFTER SALE OF EMPLOYEE SHARES
AUSTRALIA
Employment
Four-year restraint period on employee was reasonable
In the recent decision of Southern Cross Computer Systems Pty Ltd v Palmer (No 2) [2017] VSC 460, the Victorian Supreme Court stopped an IT specialist (the employee) from working for a competitor after it found a four year restraint period imposed on the employee to be reasonable. To sell his 40% shareholding in the company – Southern Cross Computer Systems (Southern Cross) – the employee had entered into a sale agreement which included the restraint clause in question. After some dispute as to the interpretation and scope of the restraint clause, McDonald J found that it afforded no more than reasonable protection of the purchaser’s goodwill in the business attributable to the shareholding. This article will examine how the Court construed the clause in the context of the sale agreement and how the four year restraint period was found to be reasonable.

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Global Media Reports

MALAYSIA

Johor SME owners urge the Government not to increase the levy for foreign workers
The Star Online | 21-Sep-2017
JOHOR BARU: Business operators hope that the Government will not increase the levy for foreign workers in the upcoming Budget 2018 as the move could b...

Indian brick workers treated ‘worse than slaves’
Free Malaysia Today | 20-Sep-2017
NEW DELHI: Millions of Indian brick workers are trapped in bonded labour and regularly cheated out of their wages, an anti-slavery group said Wednesda...

ASEAN

Property listings portal sues rival for copyright infringement
The Straits Times | 21-Sep-2017
Singapore's biggest property listings portal PropertyGuru has sued its rival 99.co over alleged copyright infringement, accusing the latter of reprodu...

Singapore labour market looks better, for now
HRD Singapore (blog) | 20-Sep-2017
The Singapore labour market improved slightly in the first half of 2017, with resident unemployment and long-term unemployment declining. There were f...

WORLD

eNCA is believed to be flouting labour laws
Independent Online | 21-Sep-2017
News organisation eNCA could be flouting the country’s labour laws following revelations that its freelance anchors are working without written contra...

French unions stage fresh protests over labour law reform
FRANCE 24 | 21-Sep-2017
French unions will stage new protests Thursday against an overhaul of the country's labour code, hoping to build pressure on President Emmanuel Macron...

See all previous Global Media Reports

New! LLB Bulletin #09/2017