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  - ILR Issue 9 of 2011
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Dear Readers,

A new section on the Latest Labour Bills has been added onto the homepage of LabourLawBox.com to enable readers to review the proposed changes to the labour laws in this country. We have also provided a link to the Parliamentary debates before the House of Representatives (Dewan Rakyat) as well as the Senate (Dewan Negara), where available, to enable readers to follow the arguments and counter-arguments as the Bill goes through its passage to become law. We hope that you will find this new section informative. 

Meanwhile, Professor Maimunah has written another interesting article entitled "The Right to Picket". If you wish to know the situations when it is permitted to picket and when it is not, log in to LabourLawBox.com

We wish you a pleasant and productive day.



AWARD NO. 1028 OF 2011 [CASE NO: 8/4-750/06]

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: Absenteeism - Whether proven by the company - Effect of - Whether the claimant had been on suspension at the material time - Evaluation of the evidence - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Insubordination - Claimant asked to attend the DI - Claimant failing to attend - Whether the claimant's refusal to attend had constituted insubordinate conduct - Effect of - Whether the charge had been proven by the company - Evidence adduced by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Misconduct - Claimant suspended from duty pending investigations - Whether the suspension letter had been a punishment - Whether the company had complied with their TACOS - Perusal of the TACOS - Effect of - Whether the company's actions of issuing the suspension letter had been reasonable - What the company should have ideally done - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3), Employment Act 1955, s. 14(2) & Sarawak Labour Ordinance

DISMISSAL: Misconduct - Whether the claimant had been involved in instigating, preparing, issuing and signing the mass-resignation letter - Whether the mass resignation letter had existed - Evidence adduced - Effect of - What the claimant should have done in such circumstances - Position held by the claimant in the company - Whether the claimant's actions or omissions had constituted misconduct - Effect of - Whether the charge had been proven by the company - Evidence adduced by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DOMESTIC INQUIRY: Procedural impropriety - Company carrying out a Disciplinary Committee Meeting ('DCM') - Whether the DCM had been in compliance with the company's TACOS - Effect of - Whether a DCM and a DI were the same thing - Factors to consider

DOMESTIC INQUIRY: Procedural impropriety - Whether the claimant had been given sufficient notice to attend - Sequence of events - Claimant failing to attend the DI - Claimant failing to ask for a postponement of the DI - Effect of - Whether the claimant had been aware of the allegations brought against him

DOMESTIC INQUIRY: Procedural impropriety - Constitution of the panel of inquiry - Whether it had been flawed - Factors to consider - Effect of - Whether the flaw could be cured by the Industrial Court

LATEST CASES (ILR Issue 9 of 2011)
Award Parties Citation Links
  Silverstone Bhd lwn. Ramal Muthusamy [Rayuan Sivil No: 16-5-2003] [2011] 3 ILR 477 cljlaw
  Yew Cheng Lim v. Regal Marketing & Trading Sdn Bhd [Civil Appeal No: R3-12B-263-2010] [2011] 3 ILR 485 cljlaw
514/2011 Raja Desinggi Raman v. Jian Hoong Quan Enterprise Sdn Bhd [Case No: 26(20)(29)(16)/4-1382/06] [2011] 3 ILR 493 cljlaw
687/2011 Prabakar Rajinteran lwn. Premium Vegetable Oils Sdn Bhd [No. Kes: 16/4-331/07] [2011] 3 ILR 506 cljlaw
743/2011 Kesatuan Kebangsaan Pekerja-Pekerja Perusahaan Alat-Alat Pengangkutan Dan Sekutu v. Denso (Malaysia) Sdn Bhd [Case No: 1/2-611/09] [2011] 3 ILR 521 cljlaw
923/2011 Tang Chee Kong lwn. Mel Force Enterprise Sdn Bhd [No. Kes: 11/4-503/09] [2011] 3 ILR 565 cljlaw
992/2011 Guna Ratnam S Subramaniam v. Shin-Etsu Polymer (Malaysia) Sdn Bhd [Case No: 25/4512/07] [2011] 3 ILR 578 cljlaw
1000/2011 Su Sook Hwee v. The Summit Hotel (Wholly Owned  By Meda Development Sdn Bhd) [Case No: 1/1-475/11] [2011] 3 ILR 649 cljlaw
1015/2011 Kesatuan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia v. HFMS Sdn Bhd (Hotel Fortuna, Kuala Lumpur) [Case No: 26/2-1170/10] [2011] 3 ILR 652 cljlaw
1028/2011 Abang Ahmad Abang Abdul Samad v. SDH Makmur Motors Sdn Bhd [Case No: 8/4-750/06] [2011] 3 ILR 657 cljlaw
To Subject Index...

In an article entitled Industrial Action, I examined the right of trade union members to strike - a right which is restricted and restrained by the Trade Unions Act and the Industrial Relations Act. In this country, a strike is very much a weapon of last resort in the arsenal of trade unions when they are pressing an employer to meet their demands. Strikes are rare because of the cumbersome procedures that must be followed prior to such action. The potential penalties for illegal strikes are severe and also act as a deterrent to strike action. Conversely, conducting a picket is relatively simple. In this article, I will outline the requirements under the Acts mentioned above for a picket to be considered legal and protected by the law.


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