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IN THIS ISSUE BULLETIN 03/2020
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

LIN KAI LAM v. L & W CONCRETE WORKS SDN BHD & ANOTHER CASE
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 120 OF 2020 [CASE NO: 19/4-648/18]
13 JANUARY 2020

EVIDENCE: Documentary evidence – Whether the claimants had been workmen within the definition of the Industrial Relations Act – Factors to consider – Evidence adduced – Effect of – Evaluation of – What the intention of the parties had been – Conduct and actions of the claimants – What it had shown – Industrial Relations Act 1967, s. 2

INDUSTRIAL COURT: Procedure – Action – Whether the action brought by the claimants against the company had been an abuse of court process – Factors to consider – Evidence adduced – Effect of – Whether it had been a shareholders dispute disguised as a trade dispute – Whether it had been a trade dispute within the definition of the Industrial Relations Act – Factors to consider – Effect of


LATEST CASES (ILR Issue 2 of 2020)
Award Parties Citation Links
  Aims Cyberjaya Sdn Bhd v. Ahmad Zahri Mirza Abdul Hamid
[Civil Appeal No: W-02(A)-287-02-2017]
[2020] 1 ILR 273cljlaw
labourlaw
  Pihak Berkuasa Tatatertib Majlis Perbandaran Seberang Perai & Anor v. Mohd Sobri Che Hassan
[Civil Appeal No: 02(f)-29-05-2018(P)]
[2020] 1 ILR 286cljlaw
labourlaw
  Pihak Berkuasa Tatatertib Majlis Perbandaran Seberang Perai & Anor v. Muziadi Mukhtar
[Civil Appeal No: 02(f)-70-08-2018(P)]
[2020] 1 ILR 328cljlaw
labourlaw
18/2020 Mohd Azril Basha Abu Bakar lwn. My Global Ventures Sdn Bhd
[No. Kes: 7/4-2778/18]
[2020] 1 ILR 362cljlaw
labourlaw
43/2020 Prema Latha S Kandasamy lwn. Wembley Academy Sdn Bhd
[No. Kes: 14/4-279/19]
[2020] 1 ILR 371cljlaw
labourlaw
113/2020 Keh Soe Sian v. KTC Human Resource Consultants Sdn Bhd
[Case No: 7(16)/4-2836/18]
[2020] 1 ILR 385cljlaw
labourlaw
120/2020 Lin Kai Lam v. L & W Concrete Works Sdn Bhd & Another Case
[Case No: 19/4-648/18]
[2020] 1 ILR 399cljlaw
labourlaw
165/2020 Mohd Azam Abdul Malek v. Tropicana Golf & Country Resort Berhad
[Case No: 22(30)(20)/4-1361/19]
[2020] 1 ILR 429cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

DOWNFALL OF BP WORKER AVERTED AFTER APPEAL VICTORY
BP refinery worker sacked for Downfall video meme about his boss wins reinstatement
A man in Australia who was sacked after mocking pay negotiations at his company with a well known Hitler meme from the film Downfall posted on Facebook, has won his job back. BP refinery worker Scott Tracey was sacked in 2018 after the company deemed his post to be “highly offensive” but his appeal last week (28 February) was successful. Tracey argued told the Fair Work Commission that he had not intended to offend anyone and had not identified BP in the post but despite this, lost his claim for unfair dismissal in September 2019.

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FRENCH COURT RULES AGAINST UBER TO CLASS DRIVERS AS EMPLOYEES, NOT INDEPENDENT CONTRACTORS
French court finds Uber driver should not be considered independent contractor but an employee
Uber has long argued that it is merely a platform linking self-employed drivers with riders, a model which allows it to avoid paying certain taxes and social charges as well as provide paid vacations. However that practice, which underpins the gig economy, has increasingly come under legal attack in many countries. In Wednesday’s ruling, the French Court of Cassation rejected Uber’s appeal against a 2019 decision that found a former driver who sued the firm effectively had a work contract.

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