Labourlaw Bulletin

IN THIS ISSUE

BULLETIN 2/2011

1. Latest Highlights
2. Maimunah's Column
3. Media Info

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EDITOR'S NOTE

Dear Readers,

HR and IR practitioners often encounter situations which are outside the text books, particularly when it comes to termination and disciplinary issues. For instance, what is the correct position if the Industrial Court orders your company to pay compensation to a Claimant and you do not wish to pay compensation pending a judicial review? Find out the answer to this question and more by logging in to Maimunah's Column where Professor Maimunah Aminuddin provides some insight into the approach that should be taken under "Questions and Answers on Issues Relating to Termination of Employment & Discipline".

Should you have a question for the Professor, simply write in to letters@mylawbox.com.

We wish our readers celebrating Chinese New Year, "Gong Xi Fa Cai".

LATEST HIGHLIGHTS

CASE HIGHLIGHT

NOORAIZAN MOHD TAHIR v. TAKAFUL NASIONAL BERHAD
INDUSTRIAL COURT, SARAWAK
GABRIEL GUMIS
AWARD NO. 1184 OF 2010 [CASE NO: 8/4-781/05]
DISMISSAL:: Performance - Unsatisfactory performance - Company setting up production targets - Whether it had been the company's prerogative to set up its own production targets - Whether the Court should interfere - Effect of - Claimant failing to meet the production targets - Whether proven by the company - Whether the production targets set by the company had been too high - Criteria used by the company in setting the targets - Whether it had been reasonable - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

LATEST CASES (ILR Issue 12 of 2010)

Award	Parties	Citation	Page
	Ketua Pengarah Kesatuan Sekerja, Malaysia v. Evergreen Laurel Hotel (M) Sdn Bhd [Civil Appeal Nos: P-01-88-2003 & P-02-1044-2003]	[2010] 4 ILR 461
	Ranjit Kaur S Gopal Singh v. Hotel Excelsior (M) Sdn Bhd [Civil Appeal No: 04-1-2009(W)2009]	[2010] 4 ILR 475
	Zulkifli Hashim v. Ketua Polis Daerah Barat Daya Balik Pulau, Pulau Pinang & Ors And Another Appeal [Civil Appeal Nos: P-01-27-2007 & P-01-28-2007]	[2010] 4 ILR 489
1184/2010	Nooraizan Mohd Tahir v. Takaful Nasional Berhad (Now Known As Etiqa Takaful Berhad) [Case No: 8/4-781/05]	[2010] 4 ILR 520
1281/2010	Dr Timothy James Mcavin, DC v. Natural Components (M) Sdn Bhd (Private Limited Company) [Case No: 27/6-618/10]	[2010] 4 ILR 554
1337/2010	Kandu Anak Sugang & Anor v. Trienekens (Sarawak) Sdn Bhd [Case No: 8/4-547/09]	[2010] 4 ILR 558
1368/2010	Hodgson De Cruz Thomas Moses De Cruz v. Automative Corporation (M) Sdn Bhd [Case No: 3/4-756/05]	[2010] 4 ILR 582
1374/2010	Kesatuan Pekerja Telekom Malaysia Berhad Sarawak v. Telekom Malaysia Berhad & Another Case [Case No: 1(4)/1-464/08 & 1(4)(3)/1-465/08]	[2010] 4 ILR 609
1393/2010	Wong Chin Yew lwn. WRP Asia Pacific Sdn Bhd [No. Kes: 16(28)/4-472/07]	[2010] 4 ILR 622
1402/2010	Theen Tamil lwn. Sutera Logistics (M) Sdn Bhd [No. Kes: 16/4-2605/06]	[2010] 4 ILR 645
1403/2010	Analiza Kassim v. Messrs Azhar & Goh [Case No: 11/4–2002/07]	[2010] 4 ILR 660
1405/2010	Association Of Bank Officers, Peninsular Malaysia v. RHB Bank Berhad [Case No: 1(14)(12)/1-1760/07]	[2010] 4 ILR 663
1406/2010	Kesatuan Eksekutif Airod Sdn Bhd v. Airod Sdn Bhd [Case No: 1/3-228/10]	[2010] 4 ILR 675
1408/2010	Low Seong Lean v. Interior Gallery [Case No: 13/4-142/2009]	[2010] 4 ILR 683

MAIMUNAH'S COLUMN

QUESTIONS AND ANSWERS RELATING TO TERMINATION OF EMPLOYMENT & DISCIPLINE
Question
My company dismissed an employee who filed a claim for reinstatement under the Industrial Relations Act. The Industrial Court ordered us to pay compensation, but we are not happy with the decision and intend to take the case up to the High Court on judicial review. We don’t want to pay the compensation in the mean time as we believe that it will be difficult to get the employee to repay the money if the High Court finds in our favour. Can our lawyer hold the money until the High Court decision?

MEDIA INFO

Articles
Be A Victor, Not A Victim (The Star, Malaysia)
"Keep away from people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great." ....

Business/Management Skills
10 keys of empowerment (New Straits Times, Malaysia)
The right climate should prevail in the working environment. There ought to be that feeling of trust; where employees, with appropriate support and training, ...

Human Resource
Helping Laid-Off Workers (The Star, Malaysia)
Facing the threat of job loss and seeing others lose their jobs can be a traumatic and bitter experience. ...

Reports
Errant firm to pay EPF (The Star, Malaysia)
"EPF will continue to monitor the present contributions. Any default payment will be dealt with by the enforcement and legal provisions under the EPF Act," ...

Service
What's in it for you? (The Star, Malaysia)
All to often as a professional within a professional services firm, you find yourself negotiating. More often than not, it will be with a client you cannot afford to lose ...

Stress Management
Take Control of Your Life (New Straits Times, Malaysia)
Balancing work and life is to have the right to enjoy your life while you are learning and living. When you are happy at home, you will be happier at work! ...

View Other Media Info...

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