HAMDAN RASID HJ A MANAN v. TELEKOM MALAYSIA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 30 OF 2019 [CASE NO: 30(14)/4-1207/17]
3 JANUARY 2019

DISMISSAL: Constructive dismissal – Salary – Claimant not given a salary increment and bonus – Reasons for the same – Whether he had been performing poorly for that year – Evidence adduced – Evaluation of – Effect of – Company’s actions towards him – Whether reasonable – Whether it had amounted to a fundamental breach which had gone to the root of his contract of employment – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Salary – Claimant not given a salary increment and bonus due to his poor performance – Whether he had been fairly assessed – Factors to consider – Evidence adduced – Effect of – Company’s actions towards him – Whether reasonable – Whether it had breached the fundamental terms of his employment contract

DISMISSAL: Constructive dismissal – Whether the company had disclosed private and confidential information to third parties without his permission, in contravention of the Personal Data Protection Act 2010 – Factors to consider – Effect of – Whether it had constituted a fundamental breach of his employment contract

EVIDENCE: Burden of proof – Whether discharged by the claimant in proving constructive dismissal – Effect of

SUSEELA DEVI BALAKRISHNAN v. INTI INTERNATIONAL COLLEGE KUALA LUMPUR SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
AWARD NO. 343 OF 2019 [CASE NO: 24(14)/4-1119/16]
22 JANUARY 2019

DISMISSAL: Retrenchment – Redundancy – Claimant offered VSS – Whether mutual termination had taken place upon her acceptance of it – Factors to consider – Evaluation of the case laws – Effect of

DISMISSAL: Retrenchment – Redundancy – Claimant terminated based on VSS – Whether the VSS had been genuine and voluntary – Factors to consider – Evidence adduced – Evaluation of – Whether the claimant had been dismissed by the company – Whether dismissal without just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Retrenchment – Redundancy – Whether the claimant’s acceptance of retrenchment benefits had precluded or estopped her from contending that her dismissal had been unlawful – Factors to consider – Evidence adduced – Effect of – Whether she had accepted the VSS voluntarily – Whether she had been dismissed by the company – Whether dismissal without just cause and excuse

DISMISSAL: Retrenchment – Redundancy – Whether the claimant’s position had become redundant – Whether it had been a bona fide exercise of management’s prerogative – Factors to consider – Evidence adduced – Effect of – Company’s actions towards her – What it had shown – Whether she had been dismissed – Whether dismissal without just cause and excuse

CASUAL EMPLOYMENT: ALL EMPLOYERS NEED TO KNOW ABOUT RECENT CHANGES AND POSSIBLE CLAIMS
AUSTRALIA
Timely for employers to examine casual employment arrangements
Casual employees are often hired by employers to supplement their workforce where they may require work to be performed on an intermittent and ad-hoc basis. The renewed focus on casual employment in 2018 serves to remind employers about the need to actively manage casual employment arrangements. In this post, we step employers through the true nature of casual employment, recent developments and remind employers about key issues associated with casual employees.

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NEW LEGISLATION COULD OUTLAW NON-DISCLOSURE AGREEMENTS
UK
UK proposes change in law on non-disclosure agreements
New proposals to prevent employers using “gagging clauses” to conceal sexual harassment, intimidation and racism complaints are to be unveiled by the government this week. The plans, to be included in a consultation, could lead to new legislation that would prevent non-disclosure agreements (NDAs) being used to prevent victims reporting serious complaints to the police.

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