SHARIFAH BAIZURIAH SYED MOHAMAD ZIN lwn. INSTITUT AKAUNTAN MALAYSIA
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
SITI SALWA MUSA
AWARD NO. 3018 TAHUN 2019 [KES NO: 21/4-1745/18]
20 NOVEMBER 2019

MAHKAMAH PERUSAHAAN: Bidang kuasa – Sama ada responden merupakan satu autoriti berkanun – Faktor-faktor yang harus diambil kira – Penilaian Akta-akta yang relevan – Kesannya – Sama ada Mahkamah Perusahaan mempunyai bidang kuasa untuk mendengar rujukan ini – Akta Perhubungan Perusahaan 1967, ss. 2, 20 dan 52 & Akta Akauntan 1967, ss. 3 dan 6

KESATUAN PENYELIA-PENYELIA PROJEK LEBUHRAYA USAHASAMA BERHAD v. PROJEK LEBUHRAYA USAHASAMA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
EMPLOYEES’ PANEL: MOHD KHIR MANSOR
EMPLOYERS’ PANEL: MOHD ASYMAWI MOHD ROSLI
AWARD NO. 3148 OF 2019 [CASE NO: 24(12)/2-485/17]
9 DECEMBER 2019

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Articles on bonus syarikat, hari kelepasan am, kerja pada hari kelepasan am and kerja pada hari rehat dan hari off – Whether the existing articles ought to be maintained – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on elaun syif – Whether the current shift allowance ought to be revised upwards and in what amount – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on kenaikan gaji – What would be a fair percentage to award – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on pelarasan gaji – What would be a reasonable percentage to award – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on pengubahsuaian dan penamatan – Whether the existing termination notice of 6 months had been sufficient – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on pungutan yuran kesatuan – Whether check-off could be included in a CA – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on skim Baksis untuk bekas penyelia Lembaga Lebuhraya Malaysia – Determination on what would be fair – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on struktur gaji – Determination of what would be a fair structure – Factors to consider – Evidence adduced – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on tarikh dan tempoh kuat kuasa perjanjian – Whether there had been a reasonable, practical and compelling reason to extend the duration of the CA to 5 years – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, s. 14(2)(b)

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on tol subsidi – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of

HOW TO SACK A WORKER FOR RACISM (ACCORDING TO FAIR WORK)
Consultant's breach of code of conduct, diversity policy amounted to valid reason for dismissal
It goes without saying that employees should treat each other with respect and courtesy in the workplace. In a recent decision, the Fair Work Commission (FWC) was tasked with considering a claim from a dismissed employee who alleged that remarks he made in the workplace were not offensive and did not justify his dismissal. The employee in this case was a customer save consultant and had been working for his employer for about two years. In 2018, as part of his employment, the employee attended a training course with his colleagues about identifying customer concerns over telephone. The training required the attendees to diagnose a customer’s issues as though they were a doctor. In the course of the exercise, the employee said to the trainer, "ask these guys", meaning the three colleagues sitting next to him who he believed to be Indian. The trainer asked, "why these guys?", and the employee responded, "they’re Indian, and all Indians are doctors".

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COURT AWARDS EX-MANAGER RM184,000 OVER UNFAIR DISMISSAL
Former manager misled into signing mutual separation agreement awarded RM184k
A former Industrial Relations manager was awarded RM184,000 as compensation after the Industrial Court found that he was misled into signing a mutual separation agreement on grounds of redundancy. Industrial Court chairman D Paramalingan said N Murali Tharan Nair was forced to sign the agreement dated Feb 5, 2018, as a result of misrepresentations by senior executives of his employer, HLMG Management Co Sdn Bhd. "The claimant has succeeded in proving, on a balance of probabilities, that he had been dismissed by the company in the guise of a mutual separation scheme," Paramalingam said in his 32-page award delivered yesterday. Paramalingam said the evidence showed that the company’s senior executives had misrepresented to Murali that he had been found redundant during a restructuring exercise.

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