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IN THIS ISSUE BULLETIN 02/2022
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

TAN CHEE TIAM v. SCHNEIDER ELECTRIC INDUSTRIES (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
EMPLOYEES’ PANEL: MUHAMAT YUSRI MUHAMAT BASIR
EMPLOYERS’ PANEL: ROHIZAT BAHARUM
AWARD NO. 1783 OF 2021 [CASE NO: 6(15)(1)/1-660/20]
7 DECEMBER 2021

NON-COMPLIANCE: Award – Complainant gainfully employed elsewhere with higher pay when said Award handed down – Whether he had genuinely wanted to be reinstated in the company – Factors to consider – Evidence adduced – Effect of – Whether his complaint here had been bona fide – Whether it would be conscionable to allow it – Effect of

NON-COMPLIANCE: Award – Court awarding reinstatement but complainant proposing the company pay him a sum of money in lieu thereof – Reasons for the same – Proposal made on a without prejudice basis – Effect of – Whether there had been a binding agreement reached between the parties – Factors to consider – Evidence adduced – Evaluation of – Conduct of the parties – What it had shown – Whether the formal execution of a written agreement had been a pre-condition to the complainant’s proposal – Effect of – Whether the company had complied with the said Award – Whether the complainant’s application ought to be allowed

VARIATION ORDER: Award – Powers and discretion of the Court – Whether it ought to be exercised here – Industrial Relations Act 1967, s. 56(2)


YUEN FOONG KUAN v. SEDUNIA TRAVEL SERVICES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
SYED NOH SAID NAZIR
AWARD NO. 1856 OF 2021 [CASE NO: 21/4-1081/21]
(Notice of Application in Enclosure 12a)
23 DECEMBER 2021

INDUSTRIAL COURT: Procedure – Action – Striking out – Whether the claimant had unequivocally rejected the reinstatement offer by the company – Factors to consider – Evidence adduced – Effect of – Whether her claim had been frivolous, vexatious and an abuse of process – Whether the matter ought to be struck off – Industrial Relations Act 1967, ss. 20(1A) & 29(fa)

INDUSTRIAL COURT: Procedure – Action – Striking out – Whether the company’s striking out application ought to be allowed – Factors to consider – Evidence adduced – Effect of – Effect of the Covid-19 Act – Whether the claimant’s claim had been time-barred – Industrial Relations Act 1967, ss. 20(1A) & 29(fa) and Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Act 2020, ss. 1(2), 3 & 40


LATEST CASES (ILR Issue 1 of 2022)
Award Parties Citation Links
1183/2021 Bu Yoon Lian v. Meng Sin Corner
[Case No: 6/4-1155/18]
[2022] 1 ILR 1 cljlaw
labourlaw
1259/2021 Anthony Cyprian Chin v. Daiken Sarawak Sdn Bhd
[Case No: 8/6-663/21]
[2022] 1 ILR 12 cljlaw
labourlaw
1370/2021 Philomina F F Silvari v. Daito Asia Development (M) Sdn Bhd
[Case No: 22/5-1324/21]
[2022] 1 ILR 23 cljlaw
labourlaw
1440/2021 Ramanesh Ramoo Ramoo v. 23 Motors Sdn Bhd
[Case No: 16/4-1183/20]
[2022] 1 ILR 41 cljlaw
labourlaw
1458/2021 Thanaletchumy Ramanujam v. The Royal Selangor Golf Club
[Case No: 21/4-220/20]
[2022] 1 ILR 49 cljlaw
labourlaw
1484/2021 Ahmad Kamal Ariffin Kamarudin & Ors v. Hicom Automotive Manufacturers (Malaysia) Sdn Bhd (Consolidated With Case Nos: 12/4-463/19, 12/4-464/19, 12/4-465/19, 12/4-466/19, 12/4-467/19, 12/4-468/19, 12/4-472/19, via Interim Award No. 2032 of 2019 dated 15 July 2019)
[Case No: 2(12)/4-462/19]
[2022] 1 ILR 79 cljlaw
labourlaw
1508/2021 Phoo Siew Mun v. Tech Simpro Engineering Sdn Bhd
[Case No: 11/4-692/20]
[2022] 1 ILR 156 cljlaw
labourlaw
1536/2021 Chan Chee Kit lwn. Ambank (M) Bhd
[No. Kes: 10/4-165/20]
[2022] 1 ILR 178 cljlaw
labourlaw
1564/2021 Philomina F F Silvari v. Daito Asia Development (M) Sdn Bhd
[Case No: 22/5-1324/21]
[2022] 1 ILR 186 cljlaw
labourlaw
1566/2021 Lee Lai Fatt v. Kolej Universiti Tunku Abdul Rahman
[Case No: 1(19)(1)/5-2871/20]
[2022] 1 ILR 195 cljlaw
labourlaw
1646/2021 Syafreen Sallehudin v. Pearl Discovery Development Sdn Bhd
[Case No: 16/4-2007/20]
[2022] 1 ILR 200 cljlaw
labourlaw
1779/2021 Mohd Azmir Muhammad Ramli lwn. Berjaya Waterfront Sdn Bhd
[No. Kes: 16/4-581/20]
[2022] 1 ILR 206 cljlaw
labourlaw
1783/2021 Tan Chee Tiam v. Schneider Electric Industries (M) Sdn Bhd
[Case No: 6(15)(1)/1-660/20]
[2022] 1 ILR 224 cljlaw
labourlaw
1786/2021 Hendra Idham Sulaiman lwn. Koperasi Belia Nasional Berhad
[No. Kes: 5/4-1136/20]
[2022] 1 ILR 236 cljlaw
labourlaw
1856/2021 Yuen Foong Kuan v. Sedunia Travel Services Sdn Bhd
[Case No: 21/4-1081/21]
[2022] 1 ILR 250 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHTS

CAN A DEMOTION BE USED TO JUSTIFY AN UNFAIR DISMISSAL CLAIM?
Voluntary resignation of lawyer on fixed-term contract, not dismissal, ended employment
The Fair Work Commission (FWC) has resolved a dismissal dispute after an employee claimed she was unfairly dismissed upon her demotion to do administrative work. The employee was on a fixed-term contract as a lawyer and said she was tasked with administrative work instead of “legal duties”. The employee alleged that she was not given “opportunities to engage in any of the other duties in her position description” while doing work “commonly done by an administrative assistant”.

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BANKS FACE SURGE IN EQUAL PAY CLAIMS AFTER LANDMARK BNP RULING
Former BNP Paribas manager, victim of ‘spiteful and vindictive’ bosses, awarded £2 million
Stacey Macken fought more than eight years for equal pay. Her victory over BNP Paribas SA this week at a London court may encourage a wave of other women to come forward. In an unprecedented order for a U.K. investment bank, BNP was told by an an employment tribunal to conduct an extensive audit of its London staff to consider whether men were being paid more than women for the same job. The bank has chosen to retain “opaque” pay structures, the tribunal ruled, saying that only a wholesale public review that looked at bonuses alongside other compensation could help address whether other female employees were, like Macken, being paid less, it said.

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