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  - ILR Issue 7 of 2011
2. Maimunah's Column
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Salam Aidilfitri Maaf Zahir & Batin

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.
For more information on the book, please click here.

We wish you a pleasant and productive day.



AWARD NO. 597 OF 2011 [CASE NO: 8/4-610/07]

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

LATEST CASES (ILR Issue 7 of 2011)
Award Parties Citation Links
  Port View Seafood Village Sdn Bhd v. Rocelyn Tubal Raneses [K11(A)-20-2010-II] [2011] 3 ILR 1 cljlaw
597/2011 Basheba Mohd Omar v. RHB Islamic Bank Bhd [Case No: 8/4-610/07] [2011] 3 ILR 11 cljlaw
628/2011 Yusof Ahmad v. Tenaga Nasional Berhad [Case No: 15/1-342/09] [2011] 3 ILR 40 cljlaw
647/2011 Rajendran Nagappan v. Nippon Paint (M) Sdn Bhd [Case No: 26/4-123/10] [2011] 3 ILR 49 cljlaw
678/2011 Kesatuan Pekerja-Pekerja Perkilangan Perusahaan Makanan v. Sime Darby Jomalina Sdn Bhd (Formerly Known As Golden Jomalina Food Industries Sdn Bhd) [Case No: 1/6-711/10] [2011] 3 ILR 65 cljlaw
714/2011 Low Bong Chen & Ors v. Skin Essentials (M) Sdn Bhd [Case No: 15(1)(4)/4-175/07] [2011] 3 ILR 75 cljlaw
717/2011 Tang Sitt Fong & Ors v. Kris International Travel Tours (M) Sdn Bhd & Anor [Case No: 2/4-1437/04] [2011] 3 ILR 90 cljlaw
789/2011 Tamil Selvi Veeraiyah v. Fairview International Schools Berhad [Case No: 25/4-1655/06] [2011] 3 ILR 138 cljlaw
To Subject Index...

Sick employees are not productive employees. More often than not, when employees are sick employers incur the costs of paying medical bills. Medical costs are rising steadily and are likely to continue to do so. How can employers control and even reduce these costs? In several other articles, I have examined related issues such as in Safety and Health Laws, Employers and Medical Issues and The Employer's Role in Shiftwork. The first of these articles looks at the legal obligations of employers under the Occupational Safety and Health Act, which, on the whole, is more safety than health oriented. The second deals with the entitlement of workers to paid sick leave and other legal issues such as termination of employees on the grounds of illness while the last article explores the health problems, both physical and psychological, of shiftwork. In this article, I will focus on controlling employee health-care costs.


How amendments to the Employment Act 1955 affect you (The Sun, Malaysia)
The Bill seeks to amend the Employment Act 1955 ("Act"), which applies to employees who receive a basic monthly salary of less than RM1,500 and certain categories of manual labourers...

Business/Management Skills
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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...

Cuepacs seeks bonus of two months (New Straits Times, Malaysia)
Cuepacs is urging the government to consider paying a two-month bonus for civil servants this year...

Provide excellent service (The Star, Malaysia)
A tiny shift in your employees' mindset will result in a big positive change in their behaviour towards customers...

Stress Management
Leaders must develop emotional intelligence (The Star, Malaysia)
Many adept and highly skilled managers are unaware of themselves and their influence on others and therefore risk derailing their careers despite technical or intellectual brilliance...

Working Smart
Successful esprit-de-corps teamwork (New Straits Times, Malaysia)
Small and big companies harness the power of the team to accomplish their performances...

View Other Media Info...
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