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IN THIS ISSUE BULLETIN 1/2012

1. Latest Highlights
  - Case Highlights
  - ILR Issue 11 of 2011
2. Maimunah's Column
3. Media Info

Latest Publication
Promotions
Other Promotions
Use of Force in International Law
Singapore Law Reports Subscription 2011
The Solution for HR & Industrial Relations Professionals
Appeals From Industrial Court
The Syariah Reports
Selangor, Penang & Perak State Enactments
CLJ Subscription 2012
CLJ Bound Volume Collection
CLJ Additional Cases
Acts of Parliament
 


 
Merry Christmas & Happy New Year
EDITOR'S NOTE

Dear Readers,

Over the past year, we have seen a number of legislative changes which affect the labour and employment sectors which include the National Wages Consultative Council Act 2011 and the Employment (Amendment) Bill 2011 which was recently passed by the Senate and is awaiting the Royal assent. Maimunah Aminuddin's articles which touch on topics related to the amendments (available in Maimunah's Column under www.labourlawbox.com), have been updated to reflect these changes. The articles include Workplace Sexual Harassment and the Law, Wages and the Law, Part-Time Employees, Collective Bargaining, Rights of Female Employees and Gender Discrimination, Employee Benefits - Getting Value for Money Spent and Regulation of Employment: Maternity and Paternity Leave.

As 2011 draws to a close, we bid farewell to Sharmini Pillai, Editor of the Industrial Law Reports (ILR), who is returning to legal practice. Under Sharmini's able stewardship, the quality of the ILR has been consistently high and her talents will be sorely missed. Nonetheless, Sharmini moves on to other challenges and we wish her the very best.

Merry Christmas and a Happy New Year!

LATEST HIGHLIGHTS

CASE HIGHLIGHT

TAN SEE GUAN v. PEMBINAAN INFRA E & J SDN BHD
INDUSTRIAL COURT, PERAK
FREDRICK INDRAN XA NICHOLAS
AWARD NO. 891 OF 2011 [CASE NO: 10/4-1207/07]

CONTRACT OF EMPLOYMENT: Type of - Fixed term contract - Whether the claimant had been employed on a fixed term contract - Effect of - Claimant and company orally negotiating for permanent employment - Whether that had amounted to a good reason to go behind the contractual LA executed between the parties - Whether the oral negotiations had amounted to a fundamental term which had contradicted the express terms of the LA - Factors to consider - Whether the claimant had been terminated - Whether it had been an ending of a fixed term contract - Evidence adduced - Effect of - Whether the company's actions of terminating the claimant had been exercised bona fide - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) and Evidence Act 1950, ss. 91 & 92

CONTRACT OF EMPLOYMENT: Type of - Fixed term contract - Whether the claimant had been employed on a fixed term contract - Factors to consider - Effect of - Claimant employed beyond the expiration of the fixed term contract - Whether that had automatically made him a permanent employee - Effect of - Whether the company's actions in dismissing him had been bona fide - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

Read More...
LATEST CASES (ILR Issue 11 of 2011)
Award Parties Citation Links
  British American Tobacco (Malaysia) Bhd Employees Union v. Ketua Pengarah Kesatuan Sekerja, Malaysia & Ors
[Judicial Review No: R2-25-337-2007]
[2011] 4 ILR 241 cljlaw
labourlaw
  Chin Chun Yean v. Mahkamah Perusahaan Malaysia & Anor
[Judicial Review No: R1-25-265-2008]
[2011] 4 ILR 260 cljlaw
labourlaw
  Navi & Map Sdn Bhd v. Twinice Sdn Bhd & Ors
[Suit No: D2-22-1530-2006]
[2011] 4 ILR 270 cljlaw
labourlaw
592/2011 Vijayan M N Karunakaran Nair v. Guthrie Landscaping Sdn Bhd
[Case No: 19/4-725/07]
[2011] 4 ILR 282 cljlaw
labourlaw
819/2011 Radzi Radzali lwn. Berjaya Tioman Beach Resort
[No. Kes: 16/4-1505/05]
[2011] 4 ILR 301 cljlaw
labourlaw
888/2011 Gavin Ong Chen Hung v. Malayan Banking Berhad
[Case No: 13(5)/4-533/2000]
[2011] 4 ILR 332 cljlaw
labourlaw
891/2011 Tan See Guan v. Pembinaan Infra E & J Sdn Bhd
[Case No: 10/4-1207/07]
[2011] 4 ILR 353 cljlaw
labourlaw
914/2011 Syed Zin Syed Mahadzar lwn. Lee Choon Wan & Co
[No. Kes: 11/4408/10]
[2011] 4 ILR 363 cljlaw
labourlaw
920/2011 Abd Ghani Abdullah lwn. IFFCO (Malaysia) Sdn Bhd
No. Kes: 16/4-2064/07]
[2011] 4 ILR 369 cljlaw
labourlaw
958/2011 Arzeman Jaafar lwn. HDE (Malaysia) Sdn Bhd
[No. Kes: 16/4-423/06]
[2011] 4 ILR 389 cljlaw
labourlaw
979/2011 Mydin Mart Edaran Sa Al-Habshee Sdn Bhd lwn. Fariza Syed Ali
[No. Kes: 16/4-1969/06]
[2011] 4 ILR 397 cljlaw
labourlaw
1070/2011 Chong Swee lwn. The Store (Malaysia) Sdn Bhd
[No. Kes: 16/4-1537/06]
[2011] 4 ILR 410 cljlaw
labourlaw
1098/2011 Pow Kam Wah lwn. Zagro Chemicals Sdn Bhd
[No. Kes: 16/4-2188/07]
[2011] 4 ILR 423 cljlaw
labourlaw
1239/2011 Abd Razak Embong & Anor v. Metro Pacific Sdn Bhd
[Case No: 1/1-1375/10]
[2011] 4 ILR 447 cljlaw
labourlaw
1274/2011 Arunasalam Karuppiah v. YTL Civil Engineering Sdn Bhd
[Case No: 12/4-1706/05]
[2011] 4 ILR 449 cljlaw
labourlaw
1286/2011 Eric Goh Beng Tuan v. ABB Malaysia Sdn Bhd
[Case No: 14/4-1258/07]
[2011] 4 ILR 461 cljlaw
labourlaw
To Subject Index...
MAIMUNAH'S COLUMN

TRENDS IN CONSTRUCTIVE DISMISSAL
Constructive dismissal is about breach of an employee's contract by his or her employer. It is not about unfair treatment. There is no doubt in my mind that this world is not always a fair place, especially at work. Nevertheless, for an employee to prove constructive dismissal he must have adequate evidence that either the express or implied terms of his contract of employment have been breached by his employment. There are a number of other requirements too that have to be met if an employee is to succeed in a claim of constructive dismissal. These will be discussed below, but first it is interesting to look at some statistics on constructive dismissal at the Industrial Court.

Read More...
MEDIA INFO

Articles
Relevant talent experience (The Star, Malaysia)
At Deloitte, your determination coupled with their commitment to provide the best working experience for talents will keep you one step ahead...

Business/Management Skills
Out of office (The Star, Malaysia)
Some people may look at such events as a waste of money, but if it is planned properly and executed well, a corporate retreat may be the boost a company needs to get back off the ground or to take the company to a new level...

Human Resource
It pays to be a good boss (The Star, Malaysia)
It really does come down to a level of respect for your boss as someone who is a leader and who manages their employers well. The next most negative aspect for workers is the lack of upward mobility or career development. - Melissa Norman

Reports
PSD, Cuepacs on opposite sides (The Star, Malaysia)
He added Cuepacs would ensure that the 1.4 million civil servants would get the best deal from the SBPA and urged them not to sign the option until Cuepacs meets Najib...

Service
Connect now (The Sun, Malaysia)
E-mail allows a business to reach customers in a more economical and expedient manner. Businesses can answer customer queries quickly...

Stress Management
Working hard doesn't make up for an unhappy home life (The Star, Malaysia)
The life and work domains are definitely correlated. Happiness at home affects you job and vice versa. - Prof Yannis Georgellis

Working Smart
Office Etiquette (The Star, Malaysia)
Office etiquette helps smooth the wheels of daily interaction within the office. Getting along with people is essential for good work outcomes and a happy co-existence, and it is office etiquette that ensures this, even when there is mutual dislike or disinterest...

View Other Media Info...
 
 
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