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IN THIS ISSUE BULLETIN 01/2018
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

CLUB EMPLOYEES UNION PENINSULAR MALAYSIA v.
ROYAL SELANGOR GOLF CLUB
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE, EMPLOYEES’ PANEL: SAMSUDIN USOP, EMPLOYERS’ PANEL: VETHAMUTHU R SAMY KANOO
AWARD NO. 1428 OF 2017 [CASE NO: 1/1-1694/16]
9 OCTOBER 2017

INDUSTRIAL COURT: Jurisdiction – Whether the IC had the jurisdiction to vary its own order made under s. 56(2) of the Act – Factors to consider – Effect of – What the union should have done – Industrial Relations Act 1967, ss. 33B(1), 56(1), 56(2), 56(2)(a)(i), (b) and (c) & 56(4)

A SANMUGAM ANNAMALAH & ANOR v. LIMKOKWING UNIVERSITY / LIMKOKWING UNIVERSITY OF CREATIVE TECHNOLOGY
INDUSTRIAL COURT, KUALA LUMPUR
DUNCAN SIKODOL
AWARD NO. 1516 OF 2017 [CASE NO: 17(15)(19)/4-750/12]
24 OCTOBER 2017

DISMISSAL: Notice of termination – Claimants terminated and appealing to the company to be allowed to resign – Whether their appeal to resign had superseded their termination letters – Whether their claim for unjust dismissal ought to be heard

INDUSTRIAL COURT: Jurisdiction – Whether the IC had the jurisdiction to hear this matter – Factors to consider – Whether the claimants had abandoned their claim for reinstatement – Evidence adduced – Effect of – Where the Industrial Court derives its jurisdiction from – Industrial Relations Act 1967, s. 20(3)

LATEST CASES (ILR Issue 12 of 2017)
Award Parties Citation Links
  Fahmi Zainol & Ors v. Jawatankuasa Tatatertib Pelajar, Universiti Malaya & Ors [Application For Judicial Review: 25-17-05-2015] [2017] 4 ILR 417 cljlaw
labourlaw
  Mohamad Hassan Zakaria v. Universiti Teknologi Malaysia [Civil Appeal No: J-02(A)-2100-11-2016] [2017] 4 ILR 430 cljlaw
labourlaw
1206/2017 Miza Husni Thamrin v. Sarawak Plantation Agriculture Development Sdn Bhd [Case No: 8/4-577/16] [2017] 4 ILR 460 cljlaw
labourlaw
1233/2017 Soh Chee Gee lwn. Syn Tai Hung Trading Sdn Bhd [No. Kes: 6(23)/4-474/14] [2017] 4 ILR 466 cljlaw
labourlaw
1293/2017 Sheikh Mohamad Moqhtar Abdul Kadir v. WMM Holdings Sdn Bhd [Case No: 1/1-475/17] [2017] 4 ILR 470 cljlaw
labourlaw
1324/2017 Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd v. Canon Opto (Malaysia) Sdn Bhd [Case No: 22(13)(3)/2-767/14] [2017] 4 ILR 477 cljlaw
labourlaw
1428/2017 Club Employees Union Peninsular Malaysia v. Royal Selangor Golf Club [Case No: 1/1-1694/16] [2017] 4 ILR 515 cljlaw
labourlaw
1479/2017 Saravanan Muthiah lwn. Kolej Universiti Tunku Abdul Rahman [No. Kes: 10(9)/4-139/15] [2017] 4 ILR 524 cljlaw
labourlaw
1492/2017 Amran Ahmad lwn. Utusan Melayu (Malaysia) Bhd [No. Kes: 21(26)(5)(23)(9)/4-1143/10] [2017] 4 ILR 546 cljlaw
labourlaw
1516/2017 A Sanmugam Annamalah & Anor v. Limkokwing University / Limkokwing University Of Creative Technology [Case No: 17(15)(19)/4-750/12] [2017] 4 ILR 562 cljlaw
labourlaw
1529/2017 Chan Yin Ching v. Buildcon Concrete Sdn Bhd [Case No: 14/4-774/16] [2017] 4 ILR 574 cljlaw
labourlaw
1544/2017 Elngovan Subramaniam v. Ceramtec Innovative Ceramic Engineering (M) Sdn Bhd [Case No: 7/4-576/13] [2017] 4 ILR 602 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

SEXUAL HARASSMENT IN THE WORKPLACE: WHAT CROSSES THE LINE?
US

What constitutes sexual harassment, and when it violates the law
Since The New York Times published its first story on disgraced movie producer Harvey Weinstein's alleged sexual misconduct, dozens of powerful men have been accused of harassment leading to firings, resignations and criminal investigations. It also started a national conversation about sexual harassment – particularly in the workplace. However, there is still some confusion over when a line has been crossed. Allison West, an employment attorney and HR specialist, joined "CBS This Morning" to help define what constitutes harassment, when situation rise to the level of violating the law, and why workplace relationships between a supervisor and a subordinate are "never" OK.

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SUSPENSION AND INVESTIGATION LEADING TO TERMINATION. ALL WITHIN THE IMPLIED RIGHT TO ISSUE LAWFUL AND REASONABLE DIRECTIONS?
AUSTRALIA

Employer's right to issue lawful and reasonable directions can be a powerful tool in managing allegations of misconduct
In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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