SUMITRA SABARATNAM v. KUALITI GOLD SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ISHAK MOHD YUSOFF
AWARD NO. 1115 OF 2016 [CASE NO: 1(15)/4-1017/14]
10 OCTOBER 2016

INDUSTRIAL COURT: Jurisdiction - Challenge to - Claimant claiming forced resignation in her Statement of Case contrary to the contents of the Ministerial reference - Effect of - Whether her actions had ousted the Industrial Court's jurisdiction to hear the case - Factors to consider - Whether the Industrial Court had jurisdiction to hear the matter

MOHD NORHELMI MOHD SALLEH v. MALINDO AIRWAYS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 1207 OF 2016 [CASE NO: 3/4-936/15]
20 OCTOBER 2016

CONTRACT OF EMPLOYMENT: Type of - Fixed-term contract - Whether the claimant had been a permanent employee - Evidence adduced - Factors to consider - Effect of

CONTRACT OF EMPLOYMENT: Type of - Fixed-term contract - Whether the claimant had been employed under a genuine fixed-term contract - Perusal of the claimant's contract of employment - Evidence adduced - Effect of - Claimant promoted several times during his employment with the company - Whether the company's actions had changed his fixed-term contract to one of permanent employment - Factors to consider - Effect of - Whether the company's actions of terminating him based on the fact that his contract had expired had constituted a dismissal - Whether dismissal without just cause and excuse

EVIDENCE: Adverse inference - Company failing to call Mohd Faizal and Melanie Guna to testify - Whether they had been important witnesses - Factors to consider - Whether an adverse inference ought to be drawn against the company

INDUSTRIAL COURT: Jurisdiction - Claimant failing to plead reinstatement in his pleadings - Whether the Industrial Court had jurisdiction to hear the matter - Factors to consider - Effect of

INDUSTRIAL COURT: Remedies - Backwages - Claimant failing to plead in his Statement of Case - Whether backwages should be awarded - Factors to consider - Effect of

INDUSTRIAL COURT: Remedies - Reinstatement - Claimant failing to plead in his Statement of Case - Whether it precluded the Industrial Court from hearing the matter

PRIVACY MATTERS: EMPLOYEE CONDUCT IN AND OUTSIDE THE WORKPLACE
by: FARA NADIA HASHIM*

Conduct of employees, on company premises, during work hours, is not entirely private, as it may be subject to rules governing the workplace. Outside company premises or work hours however, the employee is not constrained, unless his actions affect the company's reputation or business.

Conduct During Work Hours

A company should be allowed to determine the rules that apply to employees when they are at work. These rules may include policies on the use of company property, on protecting the company's business, and on the prohibition against drug and alcohol use.

Based on the results of the 2016 Graduate Tracking Survey conducted by the Higher Education Ministry, the employability rate for Malaysian graduates has increased to 77.2 per cent last year compared to 76.1 per cent in 2015.

Penganalisis pasaran optimis Kumpulan Wang Simpanan Pekerja (KWSP) dan Lembaga Tabung Haji (TH) masih mampu memberikan dividen serta bonus tahunan yang kompetitif bagi 2016, meskipun berdepan persekitaran pasaran domestik dan global yang mencabar.

That the EPF does not have any stake in Felda Global Ventures (FGV) is certainly something that could not have gone down well with some quarters in Putrajaya.

Institut Keselamatan dan Kesihatan Pekerjaan Negara (NIOSH) akan merangka program baharu bagi membantu majikan dan pekerja sektor yang banyak menyumbang kes kemalangan di tempat kerja, bagi meningkatkan kesedaran dan amalan keselamatan serta kesihatan pekerjaan (KKP).

Peluang kerjaya dalam bidang kimia industri tidak meluas kerana bergantung kepada penyelidikan dijalankan dan lebih mengambil kira pengalaman individu terbabit berbanding kelulusan akademik dimiliki.

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