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IN THIS ISSUE BULLETIN 06/2020
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

LOGANATHAN MANIAM v. MURPHY SARAWAK OIL CO LTD
INDUSTRIAL COURT, JOHOR
SUMATHI MURUGIAH
AWARD NO. 448 OF 2020 [CASE NO: 16/4-235/17]
20 FEBRUARY 2020

CONTRACT OF EMPLOYMENT: Fixed-term contract – Whether the claimant had been on a fixed-term contract – Factors to consider – Evidence adduced – Evaluation of – Effect of

DISMISSAL: Breach of company rules and policies – Sexual harassment – Claimant addressing COW1 as “sayang” without her consent – Whether he had sexually harassed her by his actions – Factors to consider – Effect of – Whether his actions had been against the company’s rules and policies – Claimant’s defence – Whether acceptable – Whether his misconduct had been serious enough to warrant his dismissal – Whether dismissal without just cause and excuse

DISMISSAL: Misconduct – Claimant accused of physically harassing COW1 and asking her to carry out tasks that had not been within her scope of work as his secretary – Whether proven by the company – Factors to consider – Evidence adduced – Effect of – Position held by the claimant in the company – Whether his actions had been abusive in nature – Effect of – Whether the charge had been proven against him – Whether it had justified his dismissal

DISMISSAL: Misconduct – Claimant accused of showering COW1 with unwanted gifts and attention – Whether proven by the company – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether could be accepted – Whether it had justified his dismissal – Whether dismissal without just cause and excuse

DOMESTIC INQUIRY: Procedural impropriety – Whether the DI conducted had been in breach of the rules of natural justice – Factors to consider – Effect of – Investigating Officer and Prosecuting Officer the same person – Whether they should have been different persons – Reasons for the same – Whether the DI conducted had been valid – Whether its decisions and opinions should be taken into account in these proceedings


SYAMAIZAR AZMI v. CENTRAL SUGARS REFINERY SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
AWARD NO. 531 OF 2020 [CASE NO: 15/4-441/19]
2 MARCH 2020

DISMISSAL: Retrenchment – Redundancy – Claimants retrenched – Claimants not informed or consulted with regards to the rightsizing exercise and not notified or warned about being made redundant – Effect of – Whether there had been any legal obligation on the company to consult or give advance warning to them on the possibility of retrenchment – Evidence adduced – Factors to consider – Effect of – Whether the claimants’ retrenchments had been carried out bona fide

DISMISSAL: Retrenchment – Redundancy – Claimants retrenched – Whether the company had offered them alternative positions – Evidence adduced – Evaluation of – Effect of – Claimants’ conduct – What it had shown

DISMISSAL: Retrenchment – Redundancy – Claimants retrenched – Whether the company had terminated them and appointed foreigners to replace them – Factors to consider – Evidence adduced – Effect of

DISMISSAL: Retrenchment – Redundancy – Claimants retrenched – Whether their retrenchments had been carried out bona fide – Factors to consider – Evidence adduced – Evaluation of – Whether a genuine redundancy situation had arisen in the company – Company’s actions towards them – Whether the re-organisation exercise had been a bona fide exercise of the company’s managerial prerogative to run its business operations – Company failing to follow the LIFO principle – Whether it had been mandatory to follow it – Effect of – Company following its Performance Management Systems and disciplinary records instead – Whether justified – Whether the claimants’ retrenchments had been carried out bona fide

LATEST CASES (ILR Issue 5 of 2020)
Award Parties Citation Links
  Kirba Daisy John Das v. City-link Express (M) Sdn Bhd & Anor
[Appeal No: W-01(A)-13-01-2018]
[2020] 2 ILR 209cljlaw
labourlaw
  Mashyur Mutiara Sdn Bhd v. Abdul Samat Ishak & Ors And Another Appeal
[Civil Appeals No: 16-5-6-2017 & 16-6-6-2017]
[2020] 2 ILR 224cljlaw
labourlaw
402/2020 Rafee Arokiasamy v. Muhibbah Security Sdn Bhd
[Case No: 10/4-368/19]
[2020] 2 ILR 252cljlaw
labourlaw
413/2020 Ahmira Aznin Ahmad v. Celcom Mobile Sdn Bhd
[Case No: 20/4-2485/2018]
[2020] 2 ILR 259cljlaw
labourlaw
416/2020 Enis Arnaut v. Nova Beta (M) Energy Sdn Bhd
[Case No: 2/4-661/18]
[2020] 2 ILR 266cljlaw
labourlaw
448/2020 Loganathan Maniam v. Murphy Sarawak Oil Co Ltd
[Case No: 16/4-235/17]
[2020] 2 ILR 275cljlaw
labourlaw
506/2020 Noor Ikhsan Abdul Aziz lwn. Bina Darulaman Berhad
[No. Kes: 9/4-1057/15]
[2020] 2 ILR 310cljlaw
labourlaw
512/2020 Saw Chong Tatt v. Cosmopolitan Avenue Sdn Bhd
[Case No: 9/4-2528/18]
[2020] 2 ILR 324cljlaw
labourlaw
513/2020 Zulkifli Omar lwn. Dongwha Malaysia Sdn Bhd
[No. Kes: 9/4-2843/18]
[2020] 2 ILR 333cljlaw
labourlaw
525/2020 Unyat Anak Dollah v. Kelab Rekreasi Petroliam
[Case No: 8/4-2518/18]
[2020] 2 ILR 347cljlaw
labourlaw
531/2020 Syamaizar Azmi v. Central Sugars Refinery Sdn Bhd
[Case No: 15/4-441/19]
[2020] 2 ILR 373cljlaw
labourlaw
618/2020 Kevin James Rodrigues v. AEON Co (M) Bhd
[Case No: 22(30)(2)/4-2795/18]
[2020] 2 ILR 384cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

WORKER WHO REPORTED COLLEAGUES FOR MOCKING DISABILITIES UNFAIRLY DISMISSED, TRIBUNAL RULES
Worker who reported colleagues for mocking physically disabled person was unfairly dismissed
A charity worker was unfairly dismissed and victimised after reporting colleagues for mocking a physically disabled person, a tribunal has ruled. Miss C Robinson, who worked as a community outreach worker for Mind Monmouthshire from February 2016 to December 2017, was unfairly dismissed and victimised after she made a public interest disclosure detailing how she had witnessed a co-worker doing an offensive impression of a physically disabled person.

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DELIVEROO SUED FOR UNFAIRLY DISMISSING WORKER IT ACCUSED OF BEING TOO SLOW
Ex-Deliveroo rider's test case might set precedent with expensive consequences for gig economy
While most Australians stayed home to avoid catching the coronavirus, Diego Franco worked almost every day to deliver takeaway to their doorsteps. It had been his main job for three years, since he moved to Sydney from his native Brazil.

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TEMPORARY LAYOFF SCHEMES NO CURE-ALL IN SLOW COVID RECOVERY
Temporary layoff schemes come at a cost
Temporary unemployment schemes operating across Europe could struggle to save the jobs of leisure and travel sector workers facing drawn-out or partial recoveries from the COVID-19 pandemic, even if they help industries that rebound quickly. Short-term unemployment or furlough schemes have taken in a quarter of Britain’s workforce, nearly two-thirds of those employed by France’s private sector and many millions across Europe.

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