CHEAH AEI LING v. HKS INFRA & EARTHWORK SDN BHD
HIGH COURT MALAYA, KUALA LUMPUR
NADZARIN WOK NORDIN JC
[COMPANIES WINDING UP NO: WA-28NCC-31-01-2021]
15 MARCH 2021
CIVIL PROCEDURE: Jurisdiction – High Court – Respondent’s application to set aside the Petitioner’s winding-up Petition – Whether an abuse of process – Factors to consider – Effect of
COMPANIES AND CORPORATIONS: Winding-up – Advertisement of Petition – Whether there had been bad faith on the Petitioner’s part in bringing the Petition – Factors to consider – Evidence adduced – Effect of – Whether the Petition had been advertised in compliance with the rules – Effect of – Whether the defect had been curable – Companies (Winding-Up) Rules 1972, rr. 24 and 194
COMPANIES AND CORPORATIONS: Winding-up – Disputed debts – Respondent disputing the Award and compensation – Whether the Petitioner had been a creditor under the Companies Act 2016 – Factors to consider – Evidence adduced – Effect of
COMPANIES AND CORPORATIONS: Winding-up – Inability to pay debts – Respondent disputing the Award and filing a judicial review application against it – Whether the Respondent had been unable to pay its debts – Factors to consider – Evidence adduced – Effect of – Whether the Petition had been premature and bad in law
COMPANIES AND CORPORATIONS: Winding-up – Locus standi – Whether the Petitioner had had the locus standi to commence the Petition based on the strength of the Award – Factors to consider – Evidence adduced – Effect of
COMPANIES AND CORPORATIONS: Winding-up – Respondent’s application to set aside the Winding-up Petition – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of – Whether the Petition had been ‘obviously unsustainable’ in the circumstances
LABOUR LAW: Industrial Court – Award – When enforceable – Factors to consider – Effect of – Steps that need to be taken to make it enforceable – Whether the Petitioner’s Award here had been enforceable – Industrial Relations Act 1967, s. 56
KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN SEMENANJUNG MALAYSIA lwn. RAMADA PLAZA MELAKA (MTB REALTY SDN BHD)
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
PANEL PEKERJA: RAJAMORGANAN NARUNAN
PANEL MAJIKAN: ROHIZAT BAHARUM
AWARD NO. 1137 TAHUN 2021 [NO. KES: 1/1-1026/20]
31 MEI 2021
KETIDAKPATUHAN: Award – Award No. 1628 tahun 2019 gagal dipatuhi oleh pihak hotel – Sama ada terdapat keadaan khas yang tidak mewajibkannya mematuhi Award tersebut – Kewujudan keadaan khas gagal diplidkan oleh pihak hotel – Kesannya – Sama ada alasan tersebut dapat diterima – Faktor-faktor yang harus diambil kira – Keterangan yang dikemukakan – Kesannya – Sama ada permohonan kesatuan harus dibenarkan – Akta Perhubungan Perusahaan 1967, s. 56(1)
KETIDAKPATUHAN: Perjanjian Kolektif – Sama ada pihak hotel telah gagal mematuhi art. 11 Perjanjian Kolektif tersebut berkenaan dengan pembayaran bonus pro-rata kepada semua pekerjanya – Faktor-faktor yang harus diambil kira – Keterangan yang dikemukakan – Kesannya – Pihak hotel memberhentikan semua pekerja-pekerjanya sewaktu PKP kerana mengalami kesan negatif kepada perniagaannya – Kesannya – Sama ada permohonan kesatuan harus dibenarkan – Akta Perhubungan Perusahaan 1967, s. 56(1)
THAT HOME OFFICE MIGHT BE HERE TO STAY: WORKERS ARE FLEXING THEIR PANDEMIC-ERA RIGHT TO FLEXIBILITY
"Any attempt to ... be rigid with where people work or how they work, that’s actually a hindrance to continue to retain talent,” said one HR expert.
After what could be two full years of working at home, there is a growing disconnect between employees reluctant to return to their desks and executives pushing to get them back — and that is exacerbating the challenges businesses are having attracting and keeping people in a white-hot labor market.
While many companies are offering greater flexibility to compete for scarce talent, some HR experts worry this could lay the groundwork for retention problems in the future.
“It’s a complicated problem, and it’s something companies are coming to terms with as this Covid crisis extends further and further,” said Andrew Challenger, vice president at the executive outplacement firm Challenger, Gray & Christmas. “For the most part of the last year, companies were saying we just have to get through this and it's going to be back to normal. And now that this feels endemic, they're saying if this is for the long haul, they have to think about what their company’s going to look like as a remote workforce.”
PORSCHE SALESMAN UNFAIRLY DISMISSED FOR JOINING IN WITH "LADDISH, CRUDE BANTER"
Sole non-white Porsche salesman who was target of practical jokes was unfairly dismissed
A British Asian man who conformed with a sales team culture described as ‘laddish’, ‘crude’ and ‘sinister’ has won his claim for unfair dismissal at the employment tribunal. Mr Rathod joined the Porsche dealership in Sutton Coldfield, operated by automotive retailer Pendragon Sabre, in 2018 as a sales executive. He was the only non-white member of an all-male sales team and was repeatedly referred to as “Chapati” or “Poppadom”. Employment Judge Clark described the workplace as “laddish”, crude and immature, where conversation included graphic and sexual references. He said the culture developed a more sinister level as it was infected by the overt prejudices, opinions and attitudes of some of its members, which included aggressive expressions of misogyny, hostility towards homosexuality, and racism. The phrase “lick my dick” was common parlance on the sales floor.
FOOD DELIVERY COMPANY EASI TO FACE UNFAIR DISMISSAL PROCEEDINGS IN AUSTRALIA
Sacked food delivery rider's case taken to Fair Work Commission
A former food delivery rider who was allegedly sacked by food delivery company Easi for raising concerns about rider safety has had his case taken to the Fair Work Commission (FWU). The case, initiated by the Transport Workers' Union (TWU), alleges the rider Lawrence Du was called a "fraud" and let go by Easi management after he encouraged other riders to share concerns about safety and working conditions. "The company pays all its delivery workers below minimum wage, provides no safety for workers, bullies people, and terminates anyone who raises an issue. When I tried to speak to other workers and the TWU about these issues -- Easi called me a scammer and I was terminated straight away," Lawrence Du claimed. Easi is an Australian food delivery company targeted at Chinese customers. The company was set up in Melbourne in 2015 but has since expanded to the rest of Australia and Canada, Malaysia, New Zealand, Japan, Singapore, the US, and the UK.