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IN THIS ISSUE BULLETIN 2/2012

1. Latest Highlights
  - Case Highlights
  - ILR Issue 12 of 2011
2. Maimunah's Column
3. Media Info

Events

Communicate With The News Media The Effective Way
(15 & 16 February 2012, Armada Hotel, Petaling Jaya)

Master Closer
(22 February 2012, Uptown Conference Centre, Petaling Jaya)

DRAFTING HR FORMS AND LETTERS
Critical tools for all Human Resource practitioners

(13 & 14 February 2012, MEF Academy, Training Centre)

Executive Diploma in Industrial Relations
(Date of Commencement: 10 March 2012, MEF Training Centre, Petaling Jaya)

Executive Diploma in Human Resources Management & Development
(Date of Commencement: 11 March 2012, MEF Training Centre, Petaling Jaya)
 

Latest Publication
Promotions
Other Promotions
Selangor, Penang & Perak State Enactments
CLJ Subscription 2012
Acts of Parliament
 


 
Happy Chinese New Year
EDITOR'S NOTE

Dear Readers,

Gong Xi Fa Cai to readers celebrating Chinese New Year. This is the year of the Water Dragon. The Dragon symbolises good fortune in the Chinese Astrology and is considered the guardian of the Eastern sky. According to tradition, the Dragon brings in the Four Blessings of the East: wealth, virtue, harmony and longevity. The Dragon is considered to be the most special of the 12 signs of the Chinese zodiac being a mystical rather than an earthly animal and geomancy practitioners have expressed views that we can expect spectacular ups and downs in the coming year.

Irrespective of our personal beliefs, each year brings its own set of challenges and it is really up to the individual or organisation to determine how they will meet those challenges. It is hoped that our Bulletin and the LabourLawBox.com will be able to assist you along the way.

We would like to welcome Ms Sivabarathi Munikanan, our new editor in charge of the Industrial Law Reports (ILR). Barathi joined us on 9 January 2012. She holds a LL.B (Hons) degree and Certificate in Legal Practice. After a brief stint in legal practice, Barathi entered the publishing world and has worked with several multi-national companies. She has over 10 years, of experience and has been involved in editorial, commissioning and conferences amongst other areas. We are confident that under her stewardship, the ILR will gain greater heights.

Have a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

LIM THEAM KEAT v. TERUS JAYA AUTO (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 1336 OF 2011 [CASE NO: 13/4-574/2009]
13 SEPTEMBER 2011

CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - No employment contract executed between the company and the claimant - Company retiring him off at the age of 55 - Whether the claimant had been aware of the company’s retirement age - Conduct of the claimant - Evidence adduced - Whether it had been an implied term - Whether the company by its conduct had unilaterally imposed the retirement age on him - Claimant refusing to accept the retirement age - Effect of - Whether the company’s actions had constituted a dismissal - Effect of - Whether the company’s actions were bona fide - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

Read More...
LATEST CASES (ILR Issue 12 of 2011)
Award Parties Citation Links
1010/2011 Wan Shaiful Eliza Rahim lwn. TWP Sdn Bhd
[No. Kes: 16(20)(29)(16)/4-328/07]
[2011] 4 ILR 485 cljlaw
labourlaw
1295/2011 Raynuga Munusamy v. Air Asia Bhd
[Case No: 15/4-1678/07]
[2011] 4 ILR 494 cljlaw
labourlaw
1307/2011 David Charles Kast v. Monorail Malaysia Technology Sdn Bhd & Ors
[Case No: 3/4-2812/04]
[2011] 4 ILR 516 cljlaw
labourlaw
1321/2011 Magaiswari Vadiveloo v. Mattel (Malaysia) Sdn Bhd
[Case No: 18/4-336/08]
[2011] 4 ILR 528 cljlaw
labourlaw
1336/2011 Lim Theam Keat v. Terus Jaya Auto (M) Sdn Bhd
[Case No: 13/4-574/2009]
[2011] 4 ILR 544 cljlaw
labourlaw
1338/2011 Zulkifli Ahmad lwn. Embo Wood Industries (M) Sdn Bhd
[No. Kes: 18/4-377/10]
[2011] 4 ILR 555 cljlaw
labourlaw
1357/2011 M Krishnan S Maniam v. AirAsia Berhad
[Case No: 26/4-228/07]
[2011] 4 ILR 568 cljlaw
labourlaw
1375/2011 Saiful Bahri Saroni v. Takaful Nasional Sdn Berhad
[Case No: 24/4-1066/05]
[2011] 4 ILR 591 cljlaw
labourlaw
1380/2011 Lee Jern Chwee v. Muhibbah Engineering (M) Bhd
[Case No: 14/4-1031/05]
[2011] 4 ILR 609 cljlaw
labourlaw
1388/2011 Lalitha Nagamuthu v. Kamil Hashim Pury & Lim Advocates & Solicitors
[Case No: 26/4-415/10]
[2011] 4 ILR 649 cljlaw
labourlaw
1400/2011 Florentius Henry Toyad v. Cahya Mata Sarawak Berhad
[Case No: 3/4-2097/07]
[2011] 4 ILR 662 cljlaw
labourlaw
1494/2011 Malathy Jayaraman v. Bumiputra-Commerce Bank Bhd
[Case No: 9/4-20/06]
[2011] 4 ILR 679 cljlaw
labourlaw
1534/2011 Ngoi Ming Nguk v. Godell Parking Sdn Bhd
[Case No: 15/4-883/07]
[2011] 4 ILR 696 cljlaw
labourlaw
1589/2011 Wong Wai Hung v. Equant Integration Services Sdn Bhd
[Case No: 23(28)(3)/4-394/04]
[2011] 4 ILR 708 cljlaw
labourlaw
To Subject Index...
MAIMUNAH'S COLUMN

ARE THE PEOPLE WORKING IN YOUR ORGANISATION EMPLOYEES?
In an article entitled Are You an Employee?, the tests for determining whether a person is working under a contract of service or a contract for services were described in some detail. It is important to distinguish between employees and non-employees in the working environment because their rights vary considerably. Further, if a worker is wrongly classified by the employer, penalties may follow from organisations such as the Employees Provident Fund. Employees derive rights and protection from the employment laws; non-employees do not. Employees are within the scope of a variety of pieces of social legislation including the Employment Act, the Trade Unions Act, the Industrial Relations Act, the Employees Provident Fund Act, the Employees Social Security Act and so on.

In this article, a number of different scenarios will be examined to see whether the job-holders are employees or not.

Read More...
MEDIA INFO

Business/Management Skills
How to organise your business cards (New Straits Times, Malaysia)
Contact information is fundamental to networking and business communications. When you receive a business card, take time to make sure it ends up somewhere where you can find the information when you need it...

Corporate Events/Training/Education
Franchise company bags double awards (The Star, Malaysia)
RIDPEST Sdn Bhd won the SME ICT Adoption award while its associate company, Ridpest Franchise Sdn Bhd, bagged the Rising Star award at the SME Recognition Award 2011 on Dec 8...

Criminal/Legal Reports
It starts with leadership (New Straits Times, Malaysia)
The rot starts from the top. If enforcement heads are clean and lead exemplary lives, their subordinates will follow suit. Leadership by example should be the core value of government servants who deal with the public...

Human Resource
Gaji doktor junior lebih tinggi (Utusan Malaysia)
Bagi golongan Jusa ada yang mencecah 70-80 peratus daripada gaji asas mereka. Contoh yang ketara adalah seorang pakar junior yang berada di tangga gaji lama RM5,465.42 (P1T2). Selepas Januari 2012 ini, gaji beliau akan bermula di skala UD1-6T1 RM7,061 iaitu lebih 30 peratus kenaikan...

Reports
Guidelines on sick leave much needed (The Star, Malaysia)
Malaysian Labour Law provides for 14 days' sick leave entitlement. getting a clear guideline from the Labour Department will certainly help. How do we prevent the abuse of this entitlement? What are the guidelines? How is the employer protected?...

Service
Recognised for good service (The Star, Malaysia)
"We do not want to recruit a lot of members. We only want to have members who are able to contribute to the society and have a good track record." - K. Ragu, chief concierge Prince Hotel & Residence...

Stress Management
Working hard doesn't make up for an unhappy home life (The Star, Malaysia)
The life and work domains are definitely correlated. Happiness at home affects you job and vice versa. - Prof Yannis Georgellis...

Tips
Four questions to success (New Straits Times, Malaysia)
The four questions, he explains, were a way to focus thinking and prod the company beyond its comfort zone and to make IBM preminent again. - Samuel J. Palmisano, former IBM Chief...

Working Smart
How to work less and still impress (New Straits Times, Malaysia)
We all want to generate the greatest noticeable impact with the least amount of effort, as quick as possible. It's the way of the modern knowledge worker. We strive to work smarter, not harder...

View Other Media Info...
 
 
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