SHAMUGAMNATHAN RAMASAMY v. VITAL UNIVERSAL CABLES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1187 OF 2017 [CASE NO: 19/4-81/17]
28 AUGUST 2017

INDUSTRIAL COURT: Jurisdiction - Whether the Industrial Court had the jurisdiction over a matter involving an employee who had surpassed the age of retirement - Factors to consider - Effect of - Where the Industrial Court derives its jurisdiction from - Industrial Relations Act 1967, s. 20(3)

INDUSTRIAL COURT: Remedies - Reinstatement - Whether it ought to be allowed to be sought by a claimant past the age of retirement - Factors to consider - Evaluation of case laws - Effect of - Industrial Relations Act 1967, s. 20(1)

MOHD AZIZI SOHAN v. ASIAN KITCHEN (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1407 OF 2017 [CASE NO: 19/4-605/15]
5 OCTOBER 2017

DISMISSAL: Insubordination - Whether the claimant's actions of posting defamatory comments and/or remarks against his superior on his Facebook account had constituted insubordinate behaviour - Factors to consider - Effect of - Whether insubordination had been successfully proven against him - Evidence adduced - Evaluation of - Whether his dismissal had been justified under the circumstances - Whether dismissal without just cause and excuse

DISMISSAL: Misconduct - Claimant posting defamatory comments and/or remarks against his superior on his Facebook account - Claimant admitting to it and apologising to the company - Whether the Facebook Comments had been for public viewing - When they had been posted - Whether it had constituted major misconduct in the Company's Employee Handbook - Factors to consider - Evidence adduced - Effect of - Whether the misconduct had been proven by the company against him - Claimant's defence - Whether could be accepted - Whether the company had acted reasonably in dismissing them - Whether dismissal with just cause and excuse

DOMESTIC INQUIRY: Procedural impropriety - Whether the DI had been conducted according to the rules of natural justice - Factors to consider - Effect of

COMPETITOR ORDERED TO PAY OVER $6 MILLION IN PROFITS IN RESPECT OF THEIR EMPLOYEES' BREACHES OF DUTIES TO A FORMER EMPLOYER
AUSTRALIA
Different ways in which companies can recover damages for breaches of duties by ex-employees
In a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor. The Full Court of the Federal Court of Australia (Full Court) found that the senior managers of Lifeplan, Mr Woff and Mr Corby, breached their fiduciary obligations, including obligations under the Corporations Act 2001 (Cth) (Corporations Act), by using Lifeplan's confidential documents to create a business plan aimed to directly compete with the business of Lifeplan. They then disclosed that business plan to a competitor, the Ancient Order of Foresters in Victoria Friendly Society Limited (Foresters), which subsequently became their employer.

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EMPLOYEE SACKED FOR WEARING HEADPHONES WAS UNFAIRLY DISMISSED
UK
Headphone-wearing Sainsbury's assistant was wrongfully dismissed
Supermarket failed to outline disciplinary consequences of breaching health and safety rules An employee working in a supermarket’s delivery yard was unfairly dismissed for wearing headphones, an employment tribunal has ruled, despite finding that the incident was serious. The London South Employment Tribunal heard that Victor Onyike worked for Sainsbury’s as a commercial assistant in the delivery yard of its Wandsworth store between either 1 December 1999 or 15 March 2004 – the dates were disputed – until his dismissal on 16 March 2017.

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