Labourlaw Bulletin

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IN THIS ISSUE

BULLETIN 6/2011

1. Latest Highlights
  - Case Highlights
  - ILR Issue 4 of 2011
  - Latest Articles
2. Maimunah's Column
3. Media Info

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EDITOR'S NOTE

Dear Readers,

The Malaysian Current Law Journal Sdn Bhd (MCLJ) has been reporting Awards from the Industrial Court since 1980 in its monthly print journal, the Industrial Law Reports (ILR). Over the years, the number of Awards issued by the Industrial Court have gradually increased and MCLJ adopted selective reporting for the print journal to avoid reporting Awards on similar issues, while the unreported Awards were published online. As a point of reference, MCLJ has recently published an index of all unreported Awards of the Industrial Court for the year 2009 which is available to its print subscribers.

All reported and unreported Awards, which bear the Legal Network Series (LNS) citation, are accessible online in our dedicated website on labour law, www.labourlawbox.com.

For more information on labourlawbox.com, please click here.

We wish you a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

LIM SWEE YIN v. KOLEJ PTPL PENANG SDN BHD
INDUSTRIAL COURT, PENANG
RAJENDRAN NAYAGAM
AWARD NO. 10 OF 2011 [CASE NO: 18(9)/4-1391/04]

DISMISSAL: Performance - Unsatisfactory performance - Claimant’s management skills being questioned - Whether she had been warned and counseled - Effect of - Whether there had been a change in her attitude - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Performance - Unsatisfactory performance - Claimant called in for a meeting - Claimant pleading victimization and incensing her employer - Claimant summarily dismissed - Whether the employer had acted in the heat of the moment - Effect of - Whether that had been good labour practice - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

LATEST CASES (ILR Issue 4 of 2011)

Award	Parties	Citation	Links
	Malaysian Philharmonic Orchestra v. Arne Walter Neckelmann [Judicial Review No: R1-25-226-09]	[2011] 2 ILR 1
	TNB Distribution Sdn Bhd lwn. Sugayindran Vellasamy & Anor [Semakan Kehakiman No: R2-25-206-2008]	[2011] 2 ILR 18
	Vincent Pillai Leelakanda Pillai & Yang Lain lwn. JW Marriott Hotel & Yang Lain [Semakan Kehakiman No: R2-25-181-2007]	[2011] 2 ILR 35
10/2011	Lim Swee Yin v. Kolej PTPL Penang Sdn Bhd [Case No: 18(9)/4-1391/04]	[2011] 2 ILR 48
11/2011	Yogeswary Pillai Thambusamy v. Park Avenue Sungai Petani [Case No: 18(9)4-551/06]	[2011] 2 ILR 58
68/2011	Md Ezam Md Daimon lwn. Amona Building Management Services Sdn Bhd [No. Kes: 16/4-325/07]	[2011] 2 ILR 69
118/2011	Chong See Chun v. Getronics Solutions (Malaysia) Sdn Bhd [Case No: 13/4-477/2006]	[2011] 2 ILR 94
204/2011	Sun Media Corporation Sdn Bhd v. Nadarajah Muniandy [Case No: 10/4-2731/04]	[2011] 2 ILR 112
212/2011	Zabedah Kasim lwn. SAF One Water Dispenser Sdn Bhd [No. Kes: 13/4-382/2009]	[2011] 2 ILR 133
258/2011	Kamalanathan M Sinniah lwn. Keretapi Tanah Melayu Berhad [No. Kes: 5(16)(11)/4-473/06]	[2011] 2 ILR 150
261/2011	So Lai lwn. Unilever (M) Holdings Sdn Bhd [No. Kes: 16/4-125/05/s	[2011] 2 ILR 174
272/2011	Teh Han Siang v. Nestle Manufacturing (Malaysia) Sdn Bhd [Case No: 23/4-1322/07]	[2011] 2 ILR 197
274/2011	Chew Kim Seong v. Tan Chong Heng Construction Sdn Bhd [Case No: 24/4-1662/05]	[2011] 2 ILR 214

To Subject Index...

LATEST ARTICLES

The Rights Of Litigants In Employment Dispute Resolution In Malaysia (By Kamal Halili Hassan)
The Right Of Employees In Dismissal Cases Under The Federal Constitution (By Prof. Dr. Kamal Halili Hassan)
Safety And Health At Work Legislation In Malaysia: Current Direction And Challenges (By Dr Rozanah Ab Rahman)
An Analysis Of Online Dispute Resolution In Alternative Dispute Resolution (By Norman Zakiyy Chow Jen-T'Chiang)

MAIMUNAH'S COLUMN

WIN-LOSE: EMPLOYEE CLAIMS FOR REINSTATEMENT
No one likes to lose a contest or a competition. No one wants to be on the losing side. Many employers believe that if a dismissed employee makes a claim for reinstatement under section 20 of the Industrial Relations Act, and the dispute ends up in the Industrial Court, the end result will always be a win for the employee and a loss for the employer. A careful analysis of Court Awards shows that this is a false perception. Employers do win some cases, but it is true that they lose more than they win. Some people would say that even when an employer wins, i.e. a dismissal is found by the Court to be with just cause or excuse, the employer still loses financially as he has to bear the legal expenses as well as the time costs of defending the decision to dismiss.

MEDIA INFO

Articles
CUEPACS mesti lebih adil tuntut gaji, elaun (Berita Harian)
Sebarang usaha CUEPACS berkaitan gaji, elaun dan bonus perlulah dibuat lebih adil dan saksama supaya sistem sedia ada tidak menjadi bahan jenaka pihak lain...

Business/Management Skills
Change for the Better (The Star, Malaysia)
The first step to improve this was to create an online career-mapping tool, which employees could use to help them visualise career paths...

Human Resource
Coaching Standards (New Straits Times, Malaysia)
History was created for the Coaching Industry in Malaysia with the launch of Coaching Standards in Malaysia recently. No country in the world has done this except for Malaysia...

Reports
CUEPACS puas hati penilaian 360 darjah (Berita Harian)
Akhbar ini kelmarin melaporkan, prestasi kakitangan awam akan dinilai menggunakan konsep 360 darjah oleh pegawai atasan, rakan sejawatan dan kakitangan bawahan bagi menentukan tahap kecekapan mereka untuk pertimbangkan panel khas bagi kenaikan pangkat, pengisian jawatan kosong yang lebih tinggi serta penempatan baru...

Service
When Socialising Means Business (The Star, Malaysia)
Everyone in the company must be familiar with this strategy, as all staff can be involved in actively blogging, "tweeting" or interacting with customers in forums...

Stress Management

In Crisis Mode (The Star, Malaysia)
Losing a job can create as much emotional turmoil as losing a loved one. You may go through the different stages of loss...

Working Smart
10 Tips to a winning proposal (New Straits Times, Malaysia)
Writing a good proposal is a critical skill in many occupations, from school to business management and geology...

View Other Media Info...

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