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IN THIS ISSUE BULLETIN 12/2019
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

ALL MALAYAN ESTATES STAFF UNION v. IOI RESEARCH CENTRE GEMENCHEH
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
EMPLOYEES’ PANEL: NOR AZMIN TAJUL ARIFIN
EMPLOYERS’ PANEL: SARITA BERAM SHAH @ RAJARAM
AWARD NO. 2269 OF 2019 [CASE NO: 28(11)/3-2652/18]
14 AUGUST 2019

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Whether the company could be compelled to promote Kannan from the nonclerical staff to the Clerical staff category of employees – Factors to consider – Evidence adduced – Effect of – What Kannan’s job specifications had been – Effect of – Industrial Relations Act 1967, ss. 13(3) & 30(5)


THAM KAH FOOK v. MOL ACCESSPORTAL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
AWARD NO. 2381 OF 2019 [CASE NO: 28(13)/4-1703/18]
29 AUGUST 2019

CONTRACT OF EMPLOYMENT: Notice of termination – Company stating and pleading retirement for his termination – Whether proven – Evidence adduced – Evaluation of – Effect of – Whether the claimant had in fact been dismissed

CONTRACT OF EMPLOYMENT: Terms and conditions – Claimant executing two documents containing contradictory terms of employment – Which document had prevailed – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the claimant had been dismissed by the company – Whether dismissal without just cause and excuse

DISMISSAL: Retirement – Whether the claimant had been retired by the company – Factors to consider – Evidence adduced – Effect of – Whether he had been subject to the Minimum Retirement Age Act 2012

INDUSTRIAL COURT: Remedies – Backwages – What would be a suitable figure to award – Factors to consider – Evidence adduced – Effect of

INDUSTRIAL COURT: Remedies – Reinstatement – Whether appropriate to award the non-resident claimant – Factors to consider – Evidence adduced – Effect of – What would be a suitable remedy to award instead

LATEST CASES (ILR Issue 11 of 2019)
Award Parties Citation Links
  Alliance Bank Malaysia Bhd v. Menteri Sumber Manusia, Malaysia & Ors
[Civil Appeal No: W-01(A)-268-07-2016]
[2019] 4 ILR 209 cljlaw
labourlaw
  Andrew Chuah Khim Peik v. HLG Capital Bhd
[Civil Appeal No: W-02(A)-2146-10-2017]
[2019] 4 ILR 226 cljlaw
labourlaw
  Muhammad Farid Muntalib v. Tan Sri Dato’ Sri Khalid Abu Bakar & Ors
[Civil Appeal No: W-01(A)-143-04-2016]
[2019] 4 ILR 241 cljlaw
labourlaw
2269/2019 All Malayan Estates Staff Union v. IOI Research Centre Gemencheh
[Case No: 28(11)/3-2652/18]
[2019] 4 ILR 262 cljlaw
labourlaw
2348/2019 Tini Syeed Sultan v. Petroliam Nasional Berhad (Petronas)
[Case No: 30(5)/4-2995/18]
[2019] 4 ILR 268 cljlaw
labourlaw
2365/2019 Mohd Isa Mujani v. Eastern Pacific Industrial Corporation Berhad
[Case No: 25(11)/4-1022/15]
[2019] 4 ILR 291 cljlaw
labourlaw
2381/2019 Tham Kah Fook v. MOL Accessportal Sdn Bhd
[Case No: 28(13)/4-1703/18]
[2019] 4 ILR 351 cljlaw
labourlaw
2464/2019 Sharifah Faridah M.A.G. Abdul Rasheed v. Malaysia Smelting Corporation Berhad
[Case No: 27(5)/4-731/17]
[2019] 4 ILR 360 cljlaw
labourlaw
2471/2019 Albert Maximillian Marino Parlanti v. Grand Palazzo Sdn Bhd
[Case No: 24(14)(10)/4-86/17]
[2019] 4 ILR 395 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

ROYAL MAIL SUPREME COURT RULING GIVES EXTRA WHISTEBLOWER PROTECTION
SC's landmark judgment against Royal Mail extends scope of whistleblower protection
An employee was unfairly dismissed because her line manager had "dishonestly constructed" a reason for her sacking, judges find. Whistleblowers have gained extra protection after a landmark Supreme Court judgment against Royal Mail, according to legal experts. Campaigners have hailed as "a step in the right direction" the decision that an employee was unfairly dismissed because her line manager had "dishonestly constructed" a "bogus" reason for her sacking.

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THE 10 MOST IMPORTANT EMPLOYMENT LAW CASES IN 2019
10 most important judgments of 2019 employers should know about
As always, HR professionals have had their fair share of employment law cases to keep track of in 2019. We count down the 10 most important judgments of the year that every employer should know about. In 2019, the most important employment law cases concerned: restrictive covenants; working time; whistleblowing; shared parental leave; and suspensions during disciplinary investigations. Other key cases in 2019 covered: dismissal for disability discrimination; collective bargaining; covert CCTV in the workplace; age discrimination in pensions; and holiday pay.

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