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CASE HIGHLIGHT | |
JAYA BALAN @ SUNDRA RAJ SUPPIAH v. TEXAS INSTRUMENT (M) SDN BHD DISMISSAL: Misconduct - Claimant accused of viewing and circulating pornographic material - Claimant found guilty - Claimant putting in his letter of mitigation - Whether it had been involuntary and null and void - Factors to consider - Effect of - Whether the company had been reasonable in dismissing the claimant - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) DISMISSAL: Misconduct - Claimant accused of viewing and
circulating pornographic material - Whether proven by the company -
Evidence adduced - Effect of - Whether it had justified the company dismissing
him - Factors to consider - Whether the Company's Acceptable Use Policy
had been in effect at the material time - Effect of - Whether the
claimant's misconduct had been a gross violation of company policy -
Whether dismissal without just cause or excuse - Industrial Relations Act 1967, EVIDENCE: Admissibility - Statutory Declaration of Gunaratnam - Whether hearsay evidence - Gunaratnam not called for cross-examination - Effect of - Whether the Statutory Declaration had been admissible EVIDENCE: Admissions - Whether the statement by the claimant had been admissible - Factors to consider - Whether investigations could only be carried out by employees of the company - Whether the statement had been made voluntarily by the claimant - Evidence adduced - Effect of EVIDENCE: Documentary evidence - Findings of the Domestic Inquiry - Whether it had been valid - Whether the notes had been accurate - Factors to consider |
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LATEST CASES (ILR Issue 9 of 2013) | |
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MAIMUNAH'S COLUMN | |
ARE EMPLOYERS SPENDING THEIR TRAINING BUDGET WISELY? Employers are spending hundreds of thousands of ringgit every year on training. Some of this money is claimable under the Human Resource Development Fund, but not all. Human resource (HR) practitioners know that training is not a luxury; it is a necessity. Increased productivity, motivated staff and improved profitability are potential outcomes of training. The question may be asked: Are employers achieving these lofty and useful objectives? I suspect the answer is in the negative. An enormous number of books have been written about the process of training. The amount of material available for trainers is impressive and undoubtedly there are many good trainers offering their services. |
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