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IN THIS ISSUE BULLETIN 7/2011

1. Latest Highlights
  - Case Highlights
  - ILR Issue 5 of 2011
2. Maimunah's Column
3. Media Info

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The Solution for HR & Industrial Relations Professionals
Appeals From Industrial Court
The Syariah Reports
Selangor & Penang State Enactments
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CLJ Additional Cases
Acts of Parliament
 


 
EDITOR'S NOTE

Dear Readers,

The move by the Government to amend the Employment Act 1955 has created quite a buzz. The Employment (Amendment) Bill 2010 was recently introduced in Parliament and after much debate, is expected to come into force before the end of 2011.

For an overview of the amendments, you may wish to read Professor Maimunah Aminuddin's latest article entitled "Amendments to the Employment Act 1955" which is available in "Maimunah's Column" at www.labourlawbox.com.

In our previous Bulletin, we mentioned that The Malaysian Current Law Journal Sdn Bhd has published an index of all unreported Awards of the Industrial Court for the year 2009. We are happy to announce that the Index for 2010 is now available. For more information, readers may email spillai@cljlaw.com.

We wish you a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

S SANTHI v. TETUAN DEVAN HUSSIN
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD TERRIRUDIN MOHD SALLEH
AWARD NO. 390 OF 2011 [CASE NO: 26/4-325/08]

DISMISSAL: Constructive dismissal - Salary - Firm failing to pay the claimant her salaries - Reasons for the same - Claimant claiming constructive dismissal - Effect of - Job functions of the claimant - Whether the procurement of a PC had been part of her terms and conditions of employment - Perusal of the terms and conditions of the claimantís letter of employment - Effect of - Whether the firmís actions had amounted to a breach which had gone to the root of the contract of employment - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Constructive dismissal - Salary - Firm failing to pay the claimant her salary - Reasons for the same - Firm alleging non-performance - Whether proven by the firm - Evidence adduced - Claimant walking out on constructive dismissal - Whether the firmís actions had been reasonable - Effect of - Whether there had been a fundamental breach of the terms of employment by the firm - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Constructive dismissal - Salary - Firm failing to pay the claimant her salary - Reasons for the same - Firm alleging that the claimant had been absent from work - Whether proven by the firm - Evidence adduced - Claimant walking out on constructive dismissal - Whether the firmís actions had been reasonable - Effect of - Whether there had been a fundamental breach of the terms of employment by the firm - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

Read More...
LATEST CASES (ILR Issue 5 of 2011)
Award Parties Citation Links
  Alam Maritim (M) Sdn Bhd v. Lembaga Hasil Dalam Negeri Malaysia [Judicial Review No: R1-22-148-2007] [2011] 2 ILR 241 cljlaw
labourlaw
  Bax Global (Malaysia) Sdn Bhd v. Sukhdev Singh Pritam Singh & Anor [Judicial Review No: R3-25-162-2009] [2011] 2 ILR 251 cljlaw
labourlaw
  Hotel Istana Kuala Lumpur v. Jasman Saidun [Judicial Review No: R3(1)-25-230-2006] [2011] 2 ILR 261 cljlaw
labourlaw
  Mohamad Karimi Che Kassim v. Ketua Pengarah Pertubuhan Keselamatan Sosial [Application No: JRKS (TG) 58/2009] [2011] 2 ILR 266 cljlaw
labourlaw
257/2011 Zainal Abidin Masrom v. Alfa Adjusters (M) Sdn Bhd [Case No: 26/1-213/09] [2011] 2 ILR 277 cljlaw
labourlaw
309/2011 Khairuddin Ismail v. Maybank Berhad [Case No: 23(18)/4-2217/06] [2011] 2 ILR 282 cljlaw
labourlaw
312/2011 Suresh V Thaver v. Tele Dynamics Sdn Bhd [Case No: 26/4-617/06] [2011] 2 ILR 293 cljlaw
labourlaw
319/2011 Yii Hii Kong v. Sarawak Plywood (M) Sdn Bhd [Case No: 4(17)(8)/4-918/06] [2011] 2 ILR 311 cljlaw
labourlaw
321/2011 All Malayan Estates Staff Union (AMESU) v. Lepan Kabu Palm Oil Mill (Boustead Plantation Bhd) [Case No: 15(7)/3-1698/05] [2011] 2 ILR 327 cljlaw
labourlaw
330/2011 Khoo Boo Teong v. Lemtronics Sdn Bhd [Case No: 9/4-1128/07] [2011] 2 ILR 340 cljlaw
labourlaw
337/2011 Tan Peck Fong lwn. Pacific Peninsula Textiles Sdn Bhd [No. Kes: 16/4-999/10] [2011] 2 ILR 345 cljlaw
labourlaw
375/2011 Kesatuan Percantuman Pekerja-Pekerja Tenaga Nasional Berhad (KPPTNB) (Cawangan Pulau Pinang) v. Tenaga Nasional Berhad [Case No: 15(5) (12)/3 - 1519/07] [2011] 2 ILR 352 cljlaw
labourlaw
389/2011 Yap Sze Leong v. Hwee Seng (Electronics) Sdn Bhd [Case No: 27/4-172/09] [2011] 2 ILR 364 cljlaw
labourlaw
390/2011 S Santhi v. Tetuan Devan Hussin [Case No: 26/4-325/08] [2011] 2 ILR 383 cljlaw
labourlaw
391/2011 Idris Tahir v. Malayan Banking Berhad [Case No: 19(20)/4-121/03] [2011] 2 ILR 395 cljlaw
labourlaw
425/2011 Kesatuan Pekerja-Pekerja Perkilangan Perusahaan Makanan v. Southern Edible Oil Industries (M) Sdn Bhd [Case No: 1/3-231/10] [2011] 2 ILR 476 cljlaw
labourlaw
To Subject Index...
MAIMUNAH'S COLUMN

AMENDMENTS TO THE EMPLOYMENT ACT, 1955
The Employment Act, 1955 may be nearly 60 years old and widely perceived as outdated in some ways, but it is still going strong and unlikely to be sent to a ďretirement homeĒ anytime soon. A number of amendments have been made to the Act over the years, the latest being introduced in the June 2011 session of Parliament. The recent changes to the Act can be expected to be enforced well before the end of 2011.

There will possibly be further amendments to the Employment Act in 2012. The Ministry of Human Resources is currently considering various recommendations made by the Performance and Management Delivery Unit (Pemandu) of the Prime Ministerís Department.

This article will briefly outline the most significant amendments to the Employment Act, 1955 being introduced in 2011.

Read More...
MEDIA INFO

Articles
When the tenders are not so open (The Sun, Malaysia)
The goings-on in the Social Security Organisation (Socso) are worrying indeed. Here we have an institution, which is responsible for the welfare of 14 million workers...

Reports
KWSP lancar kempen galak ahli semak penyata (Utusan Malaysia)
Ia bertujuan memberi kesedaran kepada ahli tentang kepentingan menyemak penyata KWSP bagi memastikan majikan membayar caruman dengan betul dan tepat pada masanya...

Service
Make someone happy (The Star, Malaysia)
If you are in sales, customer service or a frontline position, there are many opportunities to delight your client or customer...

Working Smart
How to be a good personal assistant (New Straits Times, Malaysia)
PA's should also be internet savvy, as they may be required to do research or perform tasks which require a good knowledge of the internet environment...

View Other Media Info...
 
 
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