KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. ISUZU HICOM MALAYSIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
EMPLOYEES’ PANEL: PREM KUMAR APPUKUTTY
EMPLOYERS’ PANEL: ANANDARAJU MOOKKAPILLAI
AWARD NO. 2713 OF 2019 [CASE NO: 28(21)/2-1586/17]
14 OCTOBER 2019

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on attendance allowance – What would be a fair amount to set – Whether the status quo ought to be maintained – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on duration – Determination of the duration of the 5th CA – Factors to consider – Effect of – Industrial Relations Act 1967, s. 30(7)

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on retirement benefit – Benefits currently granted by the company – Whether sufficient – Whether the status quo ought to be maintained – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on wages and increment – Determination of a fair percentage to allow – Factors to consider – Evidence adduced – Effect of

K SAKTHIASEELAN KUMARAVELOO v. POLIKLINIK DAN SURGERI SEMARAK (AKER SOLUTION IN-HOUSE CLINIC)
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
AWARD NO. 2845 OF 2019 [CASE NO: 24(19)/4-2287/18]
30 OCTOBER 2019

EVIDENCE: Documentary evidence – Whether the claimant, who had been employed as a locum doctor, had been a workman within the definition of s. 2 of the Industrial Relations Act – Factors to consider – Evidence adduced – Effect of – Evaluation of the evidence and case laws – What it had shown – What the intention of the parties had been – Conduct and actions of the claimant – What it had shown – Industrial Relations Act 1967, s. 2

INDUSTRIAL ARBITRATION COURT RULES SBS TRANSIT'S COLLECTIVE AGREEMENTS DID NOT BREACH EMPLOYMENT ACT
Language of collective agreements affecting bus drivers could be clearer to avoid confusion
Clauses in several collective agreements between bus operator, SBS Transit and the National Transport Workers’ Union (NTWU) do not breach the Employment Act, according to a ruling by the Industrial Arbitration Court (IAC). This follows claims made by five bus drivers in the Magistrates' Court, suing SBS Transit for underpaying them for overtime hours. They had also accused the transport operator of getting them to work more than 44 hours a week in breach of the Employment Act.

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WINNING AGAINST EMPLOYEES ON WRONGFUL DISMISSAL
Quick-to-fire approach employed by some employers poses significant risks
As a follow up to my previous article “The Growing Role of People Managers in Human Resource Management”; Against the backdrop of the steeping rate of lawsuits involving wrongful dismissal claims and companies having to pay substantial compensation cost to claimants, it is difficult to ascertain if employers intentionally show contempt to — or only fail to take cognizance of industrial relations as well as employment and labour laws despite their long years of existence. However, a veil is certainly being cast upon them in regards to the right procedure involved in the dismissal of an employee. They fail to recall that the legislative landscape of Malaysia is “pro-employee.”

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