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IN THIS ISSUE BULLETIN 10/2013

1. Latest Highlights
    - Case Highlights
    - ILR Issue 9 of 2013
2. Maimunah's Column
3. Media Info

 
 
 
LATEST HIGHLIGHTS
  CASE HIGHLIGHT
 

JAYA BALAN @ SUNDRA RAJ SUPPIAH v. TEXAS INSTRUMENT (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TAY LEE LY
AWARD NO. 1203 OF 2013 [CASE NO: 14/4-985/10]
2 JULY 2013

DISMISSAL: Misconduct - Claimant accused of viewing and circulating pornographic material - Claimant found guilty - Claimant putting in his letter of mitigation - Whether it had been involuntary and null and void - Factors to consider - Effect of - Whether the company had been reasonable in dismissing the claimant - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Misconduct - Claimant accused of viewing and circulating pornographic material - Whether proven by the company - Evidence adduced - Effect of - Whether it had justified the company dismissing him - Factors to consider - Whether the Company's Acceptable Use Policy had been in effect at the material time - Effect of - Whether the claimant's misconduct had been a gross violation of company policy - Whether dismissal without just cause or excuse - Industrial Relations Act 1967,
ss. 20(3) & 30(5)

EVIDENCE: Admissibility - Statutory Declaration of Gunaratnam - Whether hearsay evidence - Gunaratnam not called for cross-examination - Effect of - Whether the Statutory Declaration had been admissible

EVIDENCE: Admissions - Whether the statement by the claimant had been admissible - Factors to consider - Whether investigations could only be carried out by employees of the company - Whether the statement had been made voluntarily by the claimant - Evidence adduced - Effect of

EVIDENCE: Documentary evidence - Findings of the Domestic Inquiry - Whether it had been valid - Whether the notes had been accurate - Factors to consider

  Read More...
  LATEST CASES (ILR Issue 9 of 2013)
 
Award Parties Citation Links
  PSC-Naval Dockyard Sdn Bhd v. Mahkamah Perusahaan Malaysia, Cawangan Perak & Anor [Judicial Review No: 25-16-2010] [2013] 3 ILR 465 cljlaw
labourlaw
620/2013 Wong Sun Fatt v. ISS Facility Services Sdn Bhd [Case No: 15/4-1190/10] [2013] 3 ILR 486 cljlaw
labourlaw
1203/2013 Jaya Balan @ Sundra Raj Suppiah v. Texas Instrument (M) Sdn Bhd [Case No: 14/4-985/10] [2013] 3 ILR 502 cljlaw
labourlaw
1234/2013 Muhammad Fauzi Shamsuddin v. EON Bank Berhad [Case No: 24(7)/4-58/05] [2013] 3 ILR 532 cljlaw
labourlaw
1249/2013 Chandran S Vangadajelam v. J G Direct (M) Sdn Bhd [Case No: 23/4-292/11] [2013] 3 ILR 562 cljlaw
labourlaw
1264/2013 Jasmin Jamaran lwn. Airport Limo (M) Sdn Bhd [No. Kes: 15(22)/4-503/06] [2013] 3 ILR 568 cljlaw
labourlaw
1265/2013 Mashkon Hj Samuri v. Orang Kampung Holdings (M) Sdn Bhd [Case No: 22(27)/4-2315/07] [2013] 3 ILR 574 cljlaw
labourlaw
1268/2013 Tan Lay Wah v. Yuasa Battery (Malaysia) Sdn Bhd [Case No: 3(28)/4-324/12] [2013] 3 ILR 606 cljlaw
labourlaw
1310/2013 Metal Industry Employees Union v. Yodoshi Malleable (M) Sdn Bhd [Case No. 1/1-234/13] [2013] 3 ILR 621 cljlaw
labourlaw
1330/2013 Kesatuan Pekerja-Pekerja Perusahaan Simen (SM) v. Lafarge Cement Berhad [Case No: 4/3-1135/10] [2013] 3 ILR 632 cljlaw
labourlaw
1336/2013 Mazlin Desa v. Malaysian Airline System Berhad [Case No: 13/4-947/2011] [2013] 3 ILR 646 cljlaw
labourlaw
1360/2013 Lim Chiew Seng v. Jobstreet.com Sdn Bhd [Case No: 22(27)/4-1004/12] [2013] 3 ILR 664 cljlaw
labourlaw
1362/2013 Rahim Ghani Mohamed Ali v. Mydin Mohamed Holdings Berhad [Case No: 3(28)/4-1118/12] [2013] 3 ILR 677 cljlaw
labourlaw
1367/2013 Ricky Lim Han Keong & Yang Lain v. Siemens Malaysia Sdn Bhd [Case No: 15/4-1535/07] [2013] 3 ILR 685 cljlaw
labourlaw
  To Subject Index
MAIMUNAH'S COLUMN
 

ARE EMPLOYERS SPENDING THEIR TRAINING BUDGET WISELY?

Employers are spending hundreds of thousands of ringgit every year on training. Some of this money is claimable under the Human Resource Development Fund, but not all. Human resource (HR) practitioners know that training is not a luxury; it is a necessity. Increased productivity, motivated staff and improved profitability are potential outcomes of training. The question may be asked: Are employers achieving these lofty and useful objectives? I suspect the answer is in the negative. An enormous number of books have been written about the process of training. The amount of material available for trainers is impressive and undoubtedly there are many good trainers offering their services.

  Read More...
 
MEDIA INFO
  Articles
Job attitudes (The Star, Malaysia)

Malaysia, with neighbouring Singapore, Indonesia and Thailand, has one of the world's highest proportions of jaded employees.

Business/Management Skills
Dig deep and find a way out (The Star, Malaysia)

With business strategy consultant Don Tapscott and entrepreneur Adeo Ressi on the same panel at the recent Global Entrepreneurship Summit (GES) in Kuala Lumpur, you knew it was going to be a lively discussion.

Corporate Events/Training/Education
Coaching camp 2013 (New Straits Times, Malaysia)

Coaching Camps are the latest and the most powerful way to learn, should organisations send their people on a group retreat to learn and play at the same time.

Criminal/Legal Reports
Exec faces two bribery charges (The Star, Malaysia)

A-47-year-old former vice-president of Iskandar Investment Bhd (IIB) has been charged at the Sessions Court here with two bribery offences involving a construction project worth RM2.7mil.

Human Resource
The secretary as the gatekeeper (The Star, Malaysia)

Who is a gatekeeper? There are a variety of services provided by a plethora of professionals to a corporation.

Reports
Hanya warga Malaysia, Nepal diambil kerja (Utusan Malaysia)

Jabatan Pendaftaran Negara (JPN) bakal bekerjasama dengan Jabatan Imigresen melalui Ops ID bagi memastikan kesemua pengawal keselamatan di negara ini hanya terdiri daripada warganegara Malaysia atau Nepal yang dibenarkan Kementerian Dalam Negeti

Service
Managing customer expectations (The Star, Malaysia)

There is customer service, and then there is the branded customer service experience. The difference is vast when it comes to how customers interact and associate with a brand.

Stress Management
Stay calm and stress free (New Straits Times, Malaysia)

The clock is ticking. Everyone's counting on you. What would you do? Here's how to keep your cool when you are under pressure.

Tips
1 Mindsets of successful entrepreneurs (New Straits Times, Malaysia)

People who run businesses and are successful in the long term have developed an entrepreneurial mindset. Some people think they are born with this asset, and they might be; but you can learn if you don't have it already, and this can help you achieve a lot more business success.

Working Smart
How societies choose to fail or succeed (The Star, Malaysia)

Having recently been challenged on the subject of global warming and climate issues that require leadership, I was introduced to the New York Times bestseller, Collapse: How Societies Choose To Fail Or Succeed by Jared Diamond.

View Other Media Info...

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