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IN THIS ISSUE BULLETIN 05/2015

1. Latest Highlights
    - Case Highlights
    - ILR Issue 4 of 2015
2. Media Info

 
 

 
 
LATEST HIGHLIGHTS
  CASE HIGHLIGHTS
 

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

  Read More...
  LATEST CASES (ILR Issue 4 of 2015)
 
Award Parties Citation Links
  The Store (M) Sdn Bhd v. Ang Tin Huat & Anor
[Judicial Review No: 25-28-11-2013]
[2015] 2 ILR 1 cljlaw
labourlaw
11/2015 Rukumangathan N Suppiah lwn. Smart Modular Technologies Sdn Bhd
[No. Kes: 10(18)/4-694/11]
[2015] 2 ILR 32 cljlaw
labourlaw
47/2015 Mohd Izham Azmi lwn. Indah Water Konsortium Sdn Bhd
[No. Kes: 10(18)/4-214/11]
[2015] 2 ILR 51 cljlaw
labourlaw
127/2015 Mohamad Muda v. M3nergy Berhad
[Case No: 2/4-351/11]
[2015] 2 ILR 64 cljlaw
labourlaw
136/2015 Ang Chen Nee lwn. Yang Guang Furniture (M) Sdn Bhd
[[No. Kes: 10(18)(10)/4-1382/10]
[2015] 2 ILR 80 cljlaw
labourlaw
153/2015 Shaiful Zahrein Mohd Nawawi v. Light Way Electronics & Systems Sdn Bhd
[Case No: 12/4-1215/10]
[2015] 2 ILR 94 cljlaw
labourlaw
162/2015 Zulkifli Zakaria v. Etiqa Takaful Berhad
[Case No: 3/4-321/13]
[2015] 2 ILR 108 cljlaw
labourlaw
173/2015 Arumugam Muniandy & Yang Lain lwn. Aimst University
[No. Kes: 10(18)/4-140/11]
[2015] 2 ILR 118 cljlaw
labourlaw
196/2015 Poon Siew Lai v. Axis Identity Group (Management) Sdn Bhd
[Case No: 15/4-742/10]
[2015] 2 ILR 131 cljlaw
labourlaw
199/2015 Pramget Kaur S Jasa Singh v. Magnificient Diagraph Sdn Bhd
[Case No: 24/4-511/09]
[2015] 2 ILR 142 cljlaw
labourlaw
201/2015 Tan Koh Yon @ Tang Kok Yon v. Jurutera Perunding Kinakota Sdn Bhd
[Case No: 17/4-1742/12]
[2015] 2 ILR 184 cljlaw
labourlaw
203/2015 Yahya Mat Wazir v. Petroliam Nasional Berhad (PETRONAS)
[Case No: 13(25)/4-910/2012]
[2015] 2 ILR 201 cljlaw
labourlaw
223/2015 Jasbeer Singh Hajara Singh lwn. UMW Toyota Motor Sdn Bhd
[No. Kes: 26/4-356/12]
[2015] 2 ILR 219 cljlaw
labourlaw
  To Subject Index
   
MEDIA INFO
  Articles
9 worst mistakes you can ever make at work (The Star, Malaysia)

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).

Business/Management Skills
The path of achievement (New Straits Times, Malaysia)

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.

Corporate Events/Training/Education
Preapare school-leavers to enter workplace (New Straits Times, Malaysia)

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?

Opinion
How to get your colleagues to respect you (The Star, Malaysia)

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.

Tips
Self-empowered employees (New Straits Times, Malaysia)

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.

View Other Media Info...

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