Labourlaw Bulletin

LABOURLAW BULLETIN #10/2024


WHAT'S NEW
Case Highlight

KESATUAN PEKERJA-PEKERJA PERKILANGAN PERUSAHAAN MAKANAN v. KHIAN GUAN BISCUIT MANUFACTURING COMPANY SDN BHD
INDUSTRIAL COURT, PENANG
RUSITA MD LAZIM
EMPLOYEES’ PANEL: MOHD FAIZAL ABD RAHIM
EMPLOYERS PANEL: LLOYD LEE BUN AIK
AWARD NO. 1344 OF 2024 [CASE NO: 9-2-1346-22]
2 SEPTEMBER 2024

AbstractA company’s financial capability is a significant factor in determining disputed articles in a proposed collective agreement.

TRADE DISPUTE: Collective agreement – Renewal – Date of commencement – Disputes and proposals on articles – Disputes and proposals on bonus, salaries/wages, implementation, transport allowance, incentive and shutdown – Proposals ought to be accepted – Industrial Relations Act 1967, ss. 26(2) & 30(5), (7)


JOLLY MUSA v. ANSELL NP SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1345 OF 2024 [CASE NO: 4/4-583/23]
2 SEPTEMBER 2024

AbstractViolence at workplace must be viewed as a serious misconduct. A company must maintain discipline and responsible conduct on part of employee without which there would be disorder and chaos leading to disharmony in the working environment in the company, especially if the company has to manage a large labour force. The misconduct of violence at workplace almost always leave no mitigating circumstances and would lead to the dismissal of the employee concerned.

LABOUR LAW: Employment – Dismissal – Misconduct – Violence at workplace – Intimidation using weapon – Seriousness of misconduct – Dissatisfaction leading to altercation between employees – Employee drew out utility knife from waist pouch and aggressively pursued other employee – Employee dismissed from employment – Whether employer arbitrarily dismissed employee – Whether principles of natural justice observed – Whether dismissal manifestly harsh and disproportionate to misconduct – Whether dismissal with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)


Please Read:

By entering your email address, you have agreed to the following terms and conditions:

  1. You agree to the use of your personal data by MyLawBox Sdn Bhd.
  2. You will provide us with a valid email address. Please type your email address carefully.
  3. If you are using firewall/spam blocker/email filter/script checker to protect your account, please allow labourlawbulletin@mylawbox.com.
  4. Please ensure your email account has sufficient capacity to receive our newsletter every week.
  5. Bounced emails may be removed from the list. You may register again free of charge.