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Dear Readers,
In July 2011, the Human Resources Deputy Minister, Datuk Maznah Mazlan was reported as stating that the number of sexual harassment cases are on the rise and that the Ministry had received 23 reports in the first 6 months of this year while the labour department had received and investigated as many as 300 cases since the implementation of the Sexual Harassment Code of Practice in 1999. Datuk Maznah further said that to date, only 1,671 employers nationwide had implemented the code, and the small number was because it was not a mandatory policy. Since then, the Ministry has taken steps to amend the Employment Act 1955 to give it more power to act in such cases and the amendments have been tabled at the Dewan Rakyat and is listed for 2nd and 3rd reading.
Section 81B of the Employment (Amendment) Bill 2011, now makes it mandatory for an employer to investigate any claim made by a victim that he or she is being harassed. The section on sexual harassment applies to all employees, irrespective of whether they are within the scope of the Employment Act.
In order to be better prepared when an incident of sexual harassment takes place or is reported, you may find CLJ's latest book entitled "Sexual Harassment at the Workplace in Malaysia" a useful reference tool. It includes:
| (1) | the guidelines for the employee and employer when an incident of sexual harassment occurs or is brought to their attention; | |
| (2) | the procedure an employer should adopt when sexual harassment cases are referred to it; and | |
| (3) | the best evidence to be adduced in order to establish the allegations of sexual harassment in the workplace, among others. |
We wish you a pleasant and productive day.
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CASE HIGHLIGHT BASHEBA MOHD OMAR v. RHB ISLAMIC BANK BHD DISMISSAL: Absenteeism - Whether the claimant had been absent from work - Claimant sending e-mails to the bank stating that she would not be reporting for duty as directed - Effect of - Whether the explanations given by the claimant for sending such e-mails had been acceptable - The state of mind of the claimant at the material time - Effect of - Claimant nevertheless physically present in the office for most of the time - Effect of - Whether the bank's decision to dismiss her based on those e-mails had been correct - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) DISMISSAL: Absenteeism - Whether the claimant had been absent from work - Whether the claimant had reported for duty as directed - Claimant physically present in the office - Whether she had been working or attending to her personal affairs - Evidence adduced - An evaluation of - Effect of - Attitude of the bank's Regional Head towards the claimant - Effect of - Whether it had constituted just cause to dismiss the claimant - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) EVIDENCE: Witness - Credibility - Testimony of the claimant's witness against that of the bank's - Who had been more believable and reliable - Evaluation of the evidence - Effect of INDUSTRIAL COURT: Remedies - Compensation in lieu of reinstatement - Whether there had been any contributory conduct on the part of the claimant - Evaluation of the evidence - Effect of - The percentage that would be deducted for such contributory conduct WORDS AND PHRASES: "reporting for duty" - What it meant - Whether the claimant had reported for duty at the material time - Evidence adduced - An evaluation of |
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LATEST CASES (ILR Issue 7 of 2011)
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THE HEALTH OF EMPLOYEES |
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