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CASE HIGHLIGHT | |
LEE TING FONG v. MYBIZ MALAYSIA SDN BHD DISMISSAL: Constructive dismissal - Salary - Non-payment - Claimant continuing to work with the company - Reasons for the same - Conduct of the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) DISMISSAL: Constructive dismissal - Salary - Non-payment - Whether a fundamental breach going to the root of the contract of employment - Effect of - Whether the company's financial position had justified the non-payment of salary - Conduct of the company - Effect of - Whether the claimant had raised a grievance with the company - How the company had dealt with it - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) |
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LATEST CASES (ILR Issue 7 of 2013) | |
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MAIMUNAH'S COLUMN | |
INVESTIGATING ACCIDENTS AT THE WORKPLACE Investigative skills are one of the many demands made of a human resource practitioner. Prompt and thorough investigations have to be made into allegations of sexual harassment, as required by the Employment Act 1955 and investigations are needed before an employee accused of misconduct can be charged and ordered to defend himself at a domestic inquiry. Depending upon the purpose of the investigation, different problems may arise. Sexual harassment investigations are sensitive and potentially emotional for both the victim and the alleged harasser. This topic is covered in the article entitled Investigating Sexual Harassment. When investigating various types of misconduct, the investigator needs to collect evidence which can be used to prove the guilt of the employee concerned. However, while employers have the right to investigate, similarly employees have rights which may not be abused. Some pointers on the rights of both parties are found in the article Evidence and the Domestic Inquiry. In this article, investigating accidents will be the focus of attention. |
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MEDIA INFO | |
Articles Organisational coaching (New Straits Times, Malaysia) My company has just undergone a painful phase of cost cutting and restructuring to keep it afloat. In the process, we lost a number of people whom we had to ask to leave. Criminal/Legal ReportsRM1.21j dibayar dapatkan projek di luar negara (Berita Harian) "Pengarah syarikat terbabit mengeluarkan wang syarikat sebanyak RM500,000 dan dimasukkan ke dalam satu akaun miliknya dipercayai bagi kegunaan peribadi dan kempen parti. ForumPusat jagaan anak bantu wanita bekerja (Berita Harian) Ketika melancarkan sambutan Hari Wanita Kebangsaan 2013, di Dewan Merdeka, Pusat Dagangan Dunia Putra (PWTC) kelmarin, Datuk Seri Najib Razak mengulangi saranan penubuhan pusat jagaan kanak-kanak di tempat kerja. Human Resource50pc drop in workplace accident in 10 years (New Straits Times, Malaysia) WORK-RELATED accidents have been steadily declining in the last 10 years, said Human Resources Minister Datuk Richard Riot Jaem. ReportsConsider jobs not related to field of study, grads urged (The Star, Malaysia) Graduates have been advised to consider jobs other than those related to their principal field of study, said TalentCorp Malaysia. ServiceA strange service culture (The Star, Malaysia) We can frustrated at those working in the service industry who seem inadequate when it comes to speaking to customers - to joke, banter, or provide information - but the root of the problem is not about being incapable - they have to unlearn before they can re-learn. Stress ManagementDon't let stress get the better of you (The Star, Malaysia) WHATEVER life may throw at you, take it easy and don't let stress get the better of you. Stress happen to everyone every day. TipsAsk the right questions (The Star, Malaysia) Ask about the responsibilities your potential position entails, and how a typical day usually goes. Working SmartThe right approach to tough tasks (The Star, Malaysia) WHEN faced with an unpleasant task do you procrastinate, secretly hoping it will go away, or tackle it head on ? |