|
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
|
|
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.
Read More
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.
Read More
|