Labourlaw Bulletin

IN THIS ISSUE

BULLETIN 3/2010

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

Events

› Towards an Empowered Workforce
(11 Jan 2011, Kuala Lumpur Convention Centre)

Latest Publication

Promotions


Other Promotions
	LabourLawBox (online)
	Appeals From Industrial Court
	The Syariah Reports
	Selangor State Enactments
	Latest CLJ Subscription
	CLJ Bound Volume Collection
	CLJ Additional Cases
	Footprints of a Judge's Journey Through Mother Earth
	Acts of Parliament

Useful Links

› Ministry of Human Resources (MOHR)
› Departments within MOHR
› Social Security Organization (SOCSO)
› Employees Provident Fund (EPF)
› Malaysian Trades Union Congress (MTUC)
› Human Rights Commission of Malaysia (SUHAKAM)
› Malaysian Industrial Development Authority (MIDA)
› Jabatan Tenaga Manusia (JTM)

EDITOR'S NOTE

Dear Readers,

In the "Latest Cases" column below, subscribers may now enjoy direct access to the relevant cases according to their subscription plan. Simply click on either or by the case of your choice and log-in as usual.

We hope that you will find this additional feature helpful for your research purposes.

We wish you a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

CHUNG KOK SANG v. LAFARGE MALAYAN CEMENT
INDUSTRIAL COURT, IPOH
JALALDIN HUSSAIN
AWARD NO. 1155 OF 2010 [CASE NO: 25(10)/4-1963/06]
DISMISSAL: Retrenchment - Medical boarding out - What it meant - The claimant's health condition - Whether it had deteriorated over a period of time - Whether it had affected his performance to the company - Claimant undergoing a medical examination - The results of the examination and the recommendations of the doctor - Effect of - Company medically boarding out the claimant - Whether it had been a fair labour practice - Whether the company's actions had been bona fide - Effect of - Evidence adduced by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

LATEST CASES (ILR Issue 10 of 2010)

Award	Parties	Citation
	Abd Razak Atan v. Dato' Ahmad Ragib Mohd Salleh & Ors [Civil Appeal No: W-01-72-2002]	[2010] 4 ILR 1
	Islamic Financial Services Board v. Marlin Fairol Mohd Faroque & Anor [Application For Judicial Review No: R3(2)-25-196-2008]	[2010] 4 ILR 23
	Sabah Forest Industries v. Industrial Court Malaysia & Anor [Judicial Review No: K25-01-2010]	[2010] 4 ILR 40
398/2010	Uthiya Kumar Subramaniam v. Nippon Express (M) Sdn Bhd [Case No: 18/4-1523/05]	[2010] 4 ILR 54
549/2010	J Doraisamy Jeyaratnam lwn. Royal Sungei Ujong Club [No. Kes: 28/4-1076/05]	[2010] 4 ILR 59
626/2010	Lee Mei Yong v. Kiet Loong Goldsmith Sdn Bhd [Case No: 18/4-357/08]	[2010] 4 ILR 78
631/2010	Hashim Suleiman lwn. Johor Port Berhad [No. Kes: 1: 29(16)/4-2086/06]	[2010] 4 ILR 87
666/2010	Ramzan Harun lwn. Lucas Automotive Sdn Bhd [No. Kes: 16/4-3085/04]	[2010] 4 ILR 103
707/2010	Samsudin Zainol Abidin & Ors v. Malaysian Airline System Berhad [Case No: 13/4-828/2007]	[2010] 4 ILR 108
974/2010	Saraswathy Ramasamy v. FSL Logistics (M) Sdn Bhd [Case No: 24/4-2197/06]	[2010] 4 ILR 137
997/2010	Mohana Sundaram Mariappan v. F & N Dairies (Malaysia) Sdn Bhd [Case No: 15(1)/1-201/10]	[2010] 4 ILR 167
1046/2010	Robert Henry Hawkins v. Rusch Sdn Bhd & Rusch Asia Pacific Sdn Bhd [Case No: 18/4-2502/06]	[2010] 4 ILR 175
1053/2010	Bala Singgam Sangaran lwn. Cargill Feed Sdn Bhd [No. Kes: 16(28)/4-414/08]	[2010] 4 ILR 188
1079/2010	Mohd Fairuz Bala Abdullah v. Hwa Thai Industries Berhad [Case No: 4(8)(17)/4-261/08]	[2010] 4 ILR 200

LATEST ARTICLES
Retrenchment Rights: The Law And Its Implications To Human Resource Management In Malaysia
[2010] 4 ILR i

(by Balakrishnan Muniapan, Associate Professor Dr Balakrishnan
Parasuraman & Dr Balan Rathakrishnan)

MAIMUNAH'S COLUMN

RECRUITMENT OF EMPLOYEES AND THE LAW
The Significance of Recruiting the Right Employees
The importance of recruiting and selecting the right employees to fill vacant jobs in organizations cannot be over-emphasized. Human resource (HR) consultants advise employers to hire talented people because they can give a competitive edge to an organization. What consultants may not explain to their clients is the reality that, by definition, talent is in short supply. What percentage of job applicants are talented? Perhaps 10 to 15 percent? Talented employees who have leadership potential, who have ideas and who can get things done are not easy to identify. Furthermore, they need to be attracted to join an organization. Do Malaysian employment laws assist or impede an organization's attempts to hire talented people? This article will examine the impact employment laws have on the recruitment and selection process.