RAVENDRAN SUPPIAH v. MALAYSIAN ASSURANCE ALLIANCE BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD ROSLI MOHD SHAM
AWARD NO. 411 OF 2015 [CASE NO: 11(4)(11)/4-42/10]
13 APRIL 2015

DISMISSAL: Constructive dismissal - Benefits - Bonus payments - Claimant not paid his bonus - Whether it had been contractual - Evidence adduced - Effect of - Company's actions in the past - Whether it had become an implied term of his contract of employment - Whether the non-payment of the bonus had been a fundamental breach which had gone to the root of his contract of employment - Factors to consider - Effect of - Whether the claimant had been constructively dismissed - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Constructive dismissal - Benefits - Bonus payments - Whether it had been part of the claimant's remuneration - Perusal of the Handbook and its contents - Effect of - Whether he had been entitled to it as of right - Effect of - Company not giving any reason why bonus not paid to him - Whether it had amounted to a fundamental breach going to the root of the contract of employment - What it should have done - Whether the claimant had been constructively dismissed - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

NIK ROSKIMAN ABDUL SAMAD v. UNIVERSITI ISLAM ANTARABANGSA MALAYSIA
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 530 OF 2015 [CASE NO: 12/4-413/11]
30 APRIL 2015

DISMISSAL: Notice of termination - Summary dismissal - Claimant's post as Lecturer subject to him obtaining a PhD in the relevant field - Claimant failing to obtain his PhD - Whether that had entitled the university to terminate his services - Factors to consider - Effect of - Whether it had amounted to a unilateral termination by the university - Evidence adduced - Evaluation of - Whether the university's actions had been reasonable - Effect of - Whether there had been a dismissal

DISMISSAL: Notice of termination - Summary dismissal - Claimant terminated for failing to obtain his PhD - Whether the university had followed its own procedures - What it should have done - Whether it had taken into account the claimant's years of service and contributions with it for the past nine years - Effect of - Whether dismissal had been too harsh under the circumstances

WHISTLEBLOWER PROTECTION ACT 2010
by ASHGAR ALI ALI MOHAMED*

The Whistleblower Protection Act 2010 is the main piece of legislation in Malaysia that provides for whistleblower protection[1] and for other incidental matters.[2] The preamble describes the Act as ‘An Act to combat corruption and other wrongdoings by encouraging and facilitating disclosures of improper conduct in the public and private sector, to protect persons making those disclosures from detrimental action, to provide for the matters disclosed to be investigated and dealt with and to provide for other matters connected therewith’. The Act is divided into seven (7) parts namely, preliminary; administration; whistleblower protection; disclosure of improper conduct; complaints of detrimental action and remedies; enforcement, offences and penalties; and general.

A few days ago, I had a conversation with a neighbour's daughter about salary. She was apparently unhappy about her pay and felt that she deserved more. I questioned her whether she had approached her superior to ask for increment.

Kumpulan Wang Simpanan Pekerja (KWSP) akan memantau rapat tiga perkembangan utama global yang berlaku pada masa ini bagi memastikan pelaburannya mampu menghasilkan pulangan yang baik kepada 14 juta pencarum.

FINANCIAL PLAN: The Retirement Advisory Service help to budget later stages of life. Jonathan Yew has been ambitious all his life. He works hard as manufacturing manager and parties hard too, enjoying the finer thing in life that suit his lifestyle. He is now in his late 50s and has begun to worry about his retirement savings.

Most rich countries now have millions of "working poor" - people whose jobs do not pay enough to keep them above the poverty line, and whose wages, therefore, have to subsidised by state. These subsidies take the form of tax credits.

Thank goodness for bullet points - who wants to read blocks and blocks of text on the resume! While bullet points can help with highlighting key information like major accomplishment and success on the job,when it's not used properly, the power of the bullet point is lost in the resume.

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