LIM CHAI HOCK v. CHEVRON MALAYSIA LIMITED
INDUSTRIAL COURT, KUALA LUMPUR
SAROJINI KANDASAMY
AWARD NO. 251 OF 2016 [CASE NO: 4/4-935/13]
10 MARCH 2016

DISMISSAL: Retrenchment - Redundancy - Claimant accepting the severance package on a without prejudice basis - What that had meant - Whether that had precluded him from bringing an unfair dismissal claim - Factors to consider - Effect of

DISMISSAL: Retrenchment - Redundancy - Selection for redundancy - Company offering him alternative employment - What that had meant - Whether the company had to prove that his position had been genuinely and truly redundant first - Factors to consider - Effect of

DISMISSAL: Retrenchment - Redundancy - Selection for redundancy - Whether the claimant's position had become redundant - Whether his job functions had ceased to exist - Factors to consider - Evidence adduced - Effect of - Claimant accepting the severance package on a without prejudice basis - What that had meant - Whether the claimant's retrenchment had been carried out bona fide - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Retrenchment - Reorganisation - Whether there had been a necessity to restructure and reorganise the Lubricant Business Division - Evidence adduced - Factors to consider - Effect of - Whether a redundancy situation had existed in the company - Whether the claimant's retrenchment had been carried out bona fide - Whether dismissal without just cause and excuse

EVIDENCE: Burden of proof - Whose burden to prove that a redundancy situation had existed

LEE HOE CHOON v. FUJIKURA ASIA (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 374 OF 2016 [CASE NO: 12/4-1041/13]
28 MARCH 2016

CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - Claimant's employment letter not containing a clause on the age of retirement - Retirement age stated in the company's Staff Manual - Whether the Staff Manual had bound the claimant - Factors to consider - Effect of

CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - Whether the claimant had a reasonable expectation to work beyond his retirement age - Evidence adduced - Effect of

CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - Whether the claimant had been aware of the retirement age in the Staff Manual - Factors to consider - Claimant using the Staff Manual to pay retrenchment benefits to the employees of the company - Claimant also enjoying benefits provided under it - Effect of

CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - Whether the company had been reasonable and fair in introducing the retirement age in its Staff Manual - Reasons why it had been introduced - Effect of - Minimum Retirement Age Act 2012

EVIDENCE: Burden of proof - Whether discharged by the claimant in proving that he had had a legitimate expectation to work beyond the retirement age

A REVIEW OF THE INDUSTRIAL COURT’S APPROACH TO UNJUST DISMISSAL CLAIMS IN MALAYSIA, IN RESPECT OF PREGNANCY AND MATERNITY ISSUES AT THE WORKPLACE
by DR JASHPAL KAUR BHATT

Introduction

Currently, there is no protection in Malaysia against a termination or dismissal of an employee on the grounds of pregnancy, except under the Employment Act 1955 (‘EA’). The EA merely provides that an employer who terminates the services of an employee who is on maternity leave, commits an offence under it.^[1] As a result of this, an employer can terminate the services of a pregnant employee, with the knowledge that although it is an offence under the EA, it or they would only be subject to the payment of a fine.^[2]

Retailing online has seen huge growth in the affiliate sales sector due to the trackable, data-driven nature of online sales. For many popular products, there are hundreds of website and apps that provide product reviews, that feature a link to a retail website.

SEGI University and Colleges were established 39 years ago, offering Business programmes that continue to be sought after to this day.

The Employees Provident Fund (EPF) will not be investing in foreign-exchange (forex) schemes despite claims of high returns, due to the risks involved and the fact that these schemes do not have underlying assets.

Do you know that more than 200,000 students graduate from higher learning institutions every year? Shockingly, one in four graduates remain unemployed six months after graduation, with the majority being degree holders (according to the eduAdvisor 2016 report).

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