ABDUL HAYY SEENIVASAN NARAYANAN v. 9 BUKIT UTAMA JMB
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1294 OF 2020 [CASE NO: 22/4-33/20]
9 SEPTEMBER 2020

CONTRACT OF EMPLOYMENT: Terms and conditions – Claimant’s Letter of Offer superseded by the Contract for Services – Whether he had been forced to execute the Contract for Services – Whether he had been bound by the four corners of the document – Evidence adduced – Evaluation of – Effect of

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – No reasons given for the claimant’s termination of employment – Whether the claimant’s termination had been a termination simpliciter – Evidence adduced – Effect of – What the company should have done instead – Position of termination simpliciter in Malaysian industrial jurisprudence

CONTRACT OF EMPLOYMENT: Type of – Whether the claimant had been employed under a contract of service or a contract for service – Factors to consider – Evidence adduced – Evaluation of – Effect of

EVIDENCE: Documentary evidence – Whether the claimant had been an employee/workman of the company – Factors to consider – Evidence adduced – Effect of – Degree of control that the company had exercised over him – Effect of – Whether he had been hired by the company under a contract for service or a contract of service – Evaluation of the evidence – Effect of – Industrial Relations Act 1967, s. 2

CHEAH AEI LING v. HKS INFRA & EARTHWORK SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TEOH CHIN CHONG
AWARD NO. 1473 OF 2020 [CASE NO: 14/4-1727/19]
6 OCTOBER 2020

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Claimant terminated based on the three charges stated in the termination letter, without a show cause letter being issued – Whether the company, by its conduct, had demonstrated good industrial relations practice and complied with the rules of natural justice – Whether it had taken any effort to resolve or settle the dispute(s) – Evidence adduced – Evaluation of – Whether the company, by its conduct, had waived and condoned the misconduct allegedly committed by the claimant – Factors to consider – Evidence adduced – Whether the claimant had been dismissed with just cause and excuse

CONTRACT OF EMPLOYMENT: Terms and conditions – Resignation – Claimant resigning but continuing to work with the company beyond the requested deferment of resignation period, before being terminated by the company by way of a termination letter – Whether the company had terminated her or whether she had resigned – Factors to consider – Evidence adduced – Evaluation of – Effect of – Company’s actions towards her – What it had shown – Whether it had waived its right to claim that she had resigned voluntarily from it – Effect of

MORE THAN 3000 LUSH EMPLOYEES UNDERPAID OVER EIGHT-YEAR PERIOD
More than 3,000 Lush employees receive back pay
Popular international cosmetics company Lush has back paid more than $4 million to more than 3100 Australian employees after it was revealed staff had not been paid properly for eight years. The Australian arm of the multinational company has identified and back paid 3130 current and former employees $4.4 million, which includes interest and superannuation, for underpayments between 2010 and 2018. The company has also entered into an enforceable undertaking with the Fair Work Ombudsman. Lush Australasia Retail Pty Ltd and Lush Australasia Manufacturing Pty Ltd self-reported to the regulator in 2018 that it had underpaid employees at its Sydney factory and across stores in Victoria, NSW, Queensland, West Australia, South Australia, Tasmania, and the ACT.

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SUPREME COURT RULING FORCES JAPAN POST TO REWRITE CONTRACTS
Japan's top court rules fixed-term employees at Japan Post entitled to allowances and paid leave
The Supreme Court sided with nonregular workers at Japan Post Co. by ruling Oct. 15 they are entitled to allowances and paid leave that regular workers take for granted. The decision could have widespread ramifications for Japan Post because 184,000 or so of its 380,000-strong workforce are on fixed-term contracts. The ruling covered appeals stemming from three lawsuits submitted by Japan Post contract workers who sought allowances and paid leave on a par with regular employees. The First Petty Bench of the Supreme Court ruled on five issues, such as allowances for dependents and paid leave during the winter and summer vacations and decreed that nonregular workers were entitled to them.

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