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IN THIS ISSUE BULLETIN 10/2011

1. Latest Highlights
  - Case Highlights
  - ILR Issue 8 of 2011
2. Maimunah's Column
3. Media Info

Latest Publication
Promotions
Other Promotions
Use of Force in International Law
Singapore Law Reports Subscription 2011
The Solution for HR & Industrial Relations Professionals
Appeals From Industrial Court
The Syariah Reports
Selangor, Penang & Perak State Enactments
Latest CLJ Subscription
CLJ Bound Volume Collection
CLJ Additional Cases
Acts of Parliament
 


 
EDITOR'S NOTE

Dear Readers,

Earlier this year, the Malaysian Association of Human Resource Consultants (MAHRC) held a Public Forum on the topic "Employment: Hire, Contract, Fit - Current Challenges, Issues & Pitfalls". MAHRC has published a booklet on the Forum which they have kindly consented to share with our readers. You will be able to view the contents of this booklet at our website, www.labourlawbox.com.

Meanwhile, Penang, Selangor and Perak State Enactments are now available online with a subscription of only RM50.00 each. For more information, please click here. To subscribe, please click here.

We wish you a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

ZARINA MUHAMMAD v. INAI KIARA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 917 OF 2011 [CASE NO: 12/4-647/05]

DISMISSAL: Breach of company rules and policies - Negligence - Duties of the claimant towards the company - Claimant failing to renew licenses on time - Reasons for the same - Whether the claimant had been grossly negligent in the discharge of her duties to the company - Conduct of the claimant - Effect of - Whether the claimant had accepted that she had been negligent towards the company - Sequence of events - Effect of - Claimant tendering her resignation - Whether it had been tendered voluntarily - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Notice of termination - Forced resignation - Claimant tendering her resignation letter - Whether the claimant had been forced to resign - Evidence adduced - Contents of claimant’s resignation letter - Effect of - Claimant subsequently withdrawing her resignation letter - Company not agreeable to her withdrawal - Whether she could unilaterally withdraw her resignation - Position of law - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Notice of termination - Forced resignation - Whether the claimant had been forced to resign - Evidence adduced - Factors to consider - Effect of - Claimant alleging harassment to resign by the Chairman - Whether proven by the claimant - Effect of - Claimant failing to plead it - Effect of

WORDS & PHRASES: Harass - Definition of - Whether the evidence adduced had indicated the existence of harassment by the Chairman on the claimant in this case - Effect of

Read More...
LATEST CASES (ILR Issue 8 of 2011)
Award Parties Citation Links
  Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor [Judicial Review No: R3(1)-25-367-2009] [2011] 3 ILR 241 cljlaw
labourlaw
625/2011 Guru Dhillon v. Profitable Plots Sdn Bhd [Case No: 3(1)/4-91/08] [2011] 3 ILR 257 cljlaw
labourlaw
696/2011 Ng Chin Poh v. SMT Speed-Mark Forwarders (M) Sdn Bhd [Case No: 12(28)/4-749/05] [2011] 3 ILR 264 cljlaw
labourlaw
746/2011 Kesatuan Kebangsaan Wartawan Malaysia v. Utusan Melayu (Malaysia) Berhad [Case No: 1/1-238/10] [2011] 3 ILR 278 cljlaw
labourlaw
762/2011 Kesatuan Kakitangan Eksekutif Bumiputra Commerce Bank Berhad v. Bumiputra Commerce Bank Berhad [Case No: 15/2-849/06] [2011] 3 ILR 283 cljlaw
labourlaw
784/2011 Azlina Suminggu v. WRP Asia Pacific Sdn Bhd [Case No: 4/4-1588/07] [2011] 3 ILR 294 cljlaw
labourlaw
799/2011 Vijayarani Sittampalan lwn. Ranbaxy (Malaysia) Sdn Bhd [No. Kes: 7/4-2294/07] [2011] 3 ILR 300 cljlaw
labourlaw
804/2011 Ismadei Sahnam lwn. Proton Edar Sdn Bhd [No. Kes: 7/4-578/09] [2011] 3 ILR 311 cljlaw
labourlaw
823/2011 SE Everlast Sdn Bhd v. Tan Ley Hua [Case No: 3/4-86/04] [2011] 3 ILR 323 cljlaw
labourlaw
838/2011 Ho Tack Sien v. Antah Sri Radin Sdn Bhd & Anor [Case No: 1/1-1029/10] [2011] 3 ILR 336 cljlaw
labourlaw
843/2011 Dr Syed Ali Tawfik Al-Attas v. Universiti Islam Antarabangsa Malaysia [Case No: 4(1)(4)/4-2159/06] [2011] 3 ILR 340 cljlaw
labourlaw
913/2011 Mahidi Mohammad lwn. Aker Solutions Malaysia Sdn Bhd [No. Kes: 11/4-565/09] [2011] 3 ILR 364 cljlaw
labourlaw
917/2011 Zarina Muhammad v. Inai Kiara Sdn Bhd [Case No: 12/4-647/05] [2011] 3 ILR 373 cljlaw
labourlaw
944/2011 Kesatuan Eksekutif Airod Sdn Bhd v. Airod Sdn Bhd [Case No: 3(7)/2-510/08] [2011] 3 ILR 399 cljlaw
labourlaw
946/2011 Kesatuan Kebangsaan Pekerja-Pekerja Pewter Dan Kraftangan Semenanjung Malaysia v. Royal Selangor International Sdn Bhd [Case No: 1/3-162/10] [2011] 3 ILR 458 cljlaw
labourlaw
989/2011 Yen Kok Ho v. Ikram Megah Sdn Bhd [Case No: 27/4-1960/07] [2011] 3 ILR 471 cljlaw
labourlaw
To Subject Index...
MAIMUNAH'S COLUMN

WHO IS CHEATING WHO IN THE RECRUITMENT PROCESS?
Selecting the right person for the job is still the most important human resource management function. A lot of deception takes place during the recruitment and selection process, both by employers and employees, neither of which help the organization in the long run. Perhaps the following scenario sounds familiar?

You are human resource manager in a company finding it more and more difficult to recruit executives. The turnover rate is high. You have thought about the reasons for this which include the location of the company, which is far away from any housing areas and without public transport, the dirty and hot physical environment of the factory, and the rather low pay and benefits scheme on offer. The CEO, to whom you report, is so frustrated with the quality of new recruits that you have sourced that he has threatened to fire you for poor performance. Desperate to find and retain young graduates you decide to devise an advertisement which will make the company and the job attractive to job seekers.

Read More...
MEDIA INFO

Articles
Peranan kerajaan pemudah cara bisnes (Utusan Malaysia, Malaysia)
SERING kali apa-apa keputusan perniagaan syarikat swasta terutamanya melibatkan pelaburan, ramai beranggapan kerajaan mempunyai peranan yang signifikan...

Business/Management Skills
Change the way you lead (The Star, Malaysia)
Knowledge workers seek inspirational leadership and find this for themselves either within an organisation or outside it...

Human Resource
Old is gold (The Star, Malaysia)
Work with Human Resource and your recruitment partner to find the most effective work structure for mature age workers in the organisation...

Reports
When I'm 64 - Proposal prompted by longer life expentancy (New Straits Times, Malaysia)
A technical committee is fine-tuning a draft of the Private Sector Retirement Age Bill, expected to be passed before December, that will allow employees to work until the age of 64...

Service
The art of winning customers (The Star, Malaysia)
To retain customer loyalty, you need to come up with new products or services that keep pace with your customers' needs and wants...

Stress Management
Gangguan emosi perlu ditangani (Utusan Malaysia)
Masalah kesihatan mental terutamanya berkait dengan stress yang tidak dapat ditangani adalah serius dan perlu diberi perhatian supaya gangguan seperti kemurungan atau depression dan cubaan bunuh diri dapat dielakkan...

Working Smart
Don't lose your way (The Star, Malaysia)
Market identification: Just as a business must decide on the customers to whom it will sell its product, you must decide on the companies and industries to which you will sell yourself...

View Other Media Info...
 
 
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