ALL MALAYAN ESTATES STAFF UNION (AMESU) v. LADANG JERAM PADANG (KUALA LUMPUR KEPONG BERHAD)
INDUSTRIAL COURT, KUALA LUMPUR
RUWENA MOHD NURDIN
EMPLOYEES’ PANEL: KAMARUL BAHARIN MANSOR
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 979 OF 2018 [CASE NO: 12/3-513/16]
30 APRIL 2018

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Dispute in relation to “Income Tax Deductions-Members” and the calculation of benefits-in-kind related to art 40 of the Collective Agreement – Aggrieved employee withdrawing himself from the dispute – Whether a trade dispute had existed between the parties – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the Industrial Court could still determine the matter – Industrial Relations Act 1967, s. 26

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Union failing to follow the company’s grievance procedures – Whether its failure had negated the existence of a trade dispute – Factors to consider – Effect of – What it should have done

TRADE DISPUTE: Collective Agreement – Whether in determining the matter, the Industrial Court had been bound by public rulings – Factors to consider – Effect of – Intention of public rulings – Income Tax Act 1967, s. 32(1) & s. 138A, Interpretation Acts 1948 and 1967, s. 3

KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. SUBANG JAYA HOTEL DEVELOPMENT SDN BHD (GRAND DORSETT SUBANG HOTEL)
INDUSTRIAL COURT, KUALA LUMPUR
RAJENDRAN NAYAGAM
EMPLOYERS’ PANEL: DAVID AZZUDDIN BUXTON
EMPLOYEES’ PANEL: NAHARUDIN IBRAHIM
AWARD NO. 1196 OF 2018 [CASE NO: 23(7)(13)/2-228/15]
28 MAY 2018

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on service charge – Whether the hotel could utilise the service charge of the employees in order to comply with the Minimum Wages Order 2012 – Factors to consider – Evidence adduced – Effect of – Reasoning behind the introduction of service charge – Whether it had been part of the definition of “wages” – Legislation to consider – Effect of – Whether the workmen had been subject to the Employment Act or the National Wages Consultative Council Act 2011 – Factors to consider – Effect of – Employment Act 1955, s. 2, Minimum Wages (Amendment) Order 2012 & National Wages Consultative Council Act 2011

WORDS & PHRASES: Whether “wages” had excluded service charge – Factors to consider – Judicial precedent – Effect of – Employment Act 1955, s. 2

SACKING BY PHONE, TEXT OR EMAIL ONLY ACCEPTABLE IN ‘RARE CIRCUMSTANCES’, FAIR WORK RULES
AUSTRALIA
Beauty salon worker should have been sacked face-to-face
Employees should only be sacked by phone, text or email in “rare circumstances” such as when there is a genuine risk of physical violence, the Fair Work Commission has warned. The industrial relations tribunal made the comment in throwing out an unfair dismissal case, finding in favour of the employer but “making one criticism of the process”. That was despite the employer complying with the Small Business Unfair Dismissal Code laid out by the workplace cop, the Fair Work Ombudsman, which makes no requirement for employees to be let go face-to-face.

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FLYING INSTRUCTOR WHOSE BOSS THREW CUP OF TEA AT HIM AWARDED £19,000
UK
Flying instructor whose boss threw tea at him was unfairly and wrongfully dismissed
A flying instructor whose boss threw a cup of tea at him in a dispute over an aircraft has been awarded more than £19,000, after an employment tribunal found he was unfairly and wrongfully dismissed. Phil Jones worked as the only fixed wing flying instructor at Flylight Airsports in Northamptonshire from 2006 up to his dismissal in 2017. He left his job following an argument that erupted in August 2017, after discovering that the aircraft he usually flew had not been serviced despite two colleagues having previously said they would do so.

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