ZULKIFLI ZAKARIA v. ETIQA TAKAFUL BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 162 OF 2015 [CASE NO: 3/4-321/13]
12 FEBRUARY 2015

DISMISSAL: Constructive dismissal - Change in job functions - Claimant suffering from mental health problems - Doctors advising that he be given light duties - Claimant's duties changed - His response to it - Claimant only complaining after a lapse of four and a half months - Effect of - Claimant's position and seniority in the company - Whether he should have known his legal rights - Factors to consider - Effect of - Whether the company's actions had been reasonable - Whether there had been a fundamental breach going to the root of his contract of employment - Whether the claimant had been constructively dismissed - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Retirement - Whether the claimant had been forced to retire - Evidence adduced - Effect of - Whether the claimant had opted for early retirement voluntarily - Claimant's mental health condition - Whether the company had threatened to terminate his contract of service - Evaluation of the evidence - Effect of

INDUSTRIAL COURT: Procedure - Pleadings - Claimant failing to plead vitiating factors - Whether could be taken into consideration - Factors to consider - Effect of

PRAMGET KAUR S JASA SINGH v. MAGNIFICIENT DIAGRAPH SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
YAMUNA MENON
AWARD NO. 199 OF 2015 [CASE NO: 24/4-511/09]
25 FEBRUARY 2015

DISMISSAL: Misconduct - Claimant allegedly misusing company time and resources in Penang - Whether proven by the company - Evidence adduced - Effect of - Claimant's explanations - Whether acceptable - Whether this charge had been proven against her - Factors to consider - Effect of

DISMISSAL: Misconduct - Claimant allegedly travelling to Johor Bahru during working hours and using company resources for the purpose of attending to work related matters and yet not attending the store on both those days - Whether proven by the company - Evidence adduced - Effect of - Claimant's explanations - Whether this charge had been proven against her - Factors to consider - Effect of

DISMISSAL: Misconduct - Claimant approaching the company solicitors for legal assistance on her personal matters - Whether it had constituted a misconduct - Evidence adduced - Her explanations - Whether acceptable - Whether this charge had been made out against her - Factors to consider - Effect of

We’ve all heard of (or seen firsthand) people doing some pretty crazy things at work. Truth is, you don’t have to throw a chair through a window or quit in the middle of a presentation to cause irreparable damage to your career. No matter how talented you are or what you’ve accomplished, there are certain behaviors that instantly change the way people see you (and forever cast you in a negative light).

There is one great mystery in the area of human resource. Some people seem to achieve great thing while others just do not. It is interesting because research and analyst of human behaviour cannot truly predict with good accuracy on whether a person can perform or not given certain set of factors.

Not all students who have finished secondary school want to continue their studies at a higher level. Some may simply jump into the working environment. Knowing the challenges that we face today, are we sure that they are properly equipped to enter the workplace?

R-E-S-P-E-C-T: It's something that we all aim to earn in our workplaces. Sure, it's nice to be liked and to be able to make lots of friends. But when it comes to your career, being respected will help you to progress and develop professionally.

There is a better way to increase your company's competitiveness. It is not about focusing on deficiency and cutting corners. It is about effectiveness, on coaching your staff to become self-empowered employees. Self-empowerment is about taking charge and doing whatever it takes to get thing done.

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