If you can't view the message, please click here.
|
|||||||||||||||
CASE HIGHLIGHTS |
|||||||||||||||
KESATUAN PEKERJA-PEKERJA PERKILANGAN PERUSAHAAN MAKANAN v. NESTLE MANUFACTURING (MALAYSIA) SDN BHD DISMISSAL: Notice of termination – Forced resignation – Whether the 217 former employees, who had all been unionised members, had been forced to resign by the company – Factors to consider – Evidence adduced – Effect of – What the conduct of the 217 former employees had shown – Company’s actions towards them – Effect of – Whether forced resignation successfully proven by the union DISMISSAL: Retrenchment – Redundancy – Whether the 217 former employees had been made redundant by the company – Factors to consider – Evidence adduced – Effect of – The effect of their voluntary resignations – Whether they had been retrenched by the company and entitled to the retrenchment benefits under art. 33 of the CA TRADE DISPUTE: Collective Agreement – Determination of whether the 217 former employees had been entitled to the retrenchment benefits under art. 33 of the CA – Whether it had constituted a trade dispute – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, s. 30(4) TRADE DISPUTE: Collective Agreement – Interpretation of article on retrenchment benefits – Whether awarding the 217 former employees retrenchment benefits would unjustly enrich them – What unjust enrichment meant – Whether awarding them the retrenchment benefits would be giving them double benefits, at the company’s expense – Factors to consider – Evidence adduced – Effect of – Whether it would be unconscionable and run contrary to ss. 30(4) and 30(5) of the Act – Industrial Relations Act 1967, ss. 30(4) & 30(5) JAGEN MANOHARAN v. AGARCORP SDN BHD INDUSTRIAL COURT: Procedure – Action – Setting aside – The Applicant applying to set aside the subpoena issued against her for mental health reasons – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of – Claimant’s actions – What it had shown – Whether the Applicant had been a material witness – Effect of – Industrial Relations Act 1967, s. 29 |
|||||||||||||||
LATEST CASES (ILR Issue 1 of 2023) |
|||||||||||||||
|
|||||||||||||||
ARTICLE HIGHLIGHTS |
|||||||||||||||
LABOUR MARKET CONTINUES RECOVERY, NUMBER OF UNEMPLOYED DIPS TO 600,900 PROMPT ACTION TO BRING IN FOREIGN WORKERS EASING BOTTLENECKS FACED BY BUSINESSES, SAYS MALAYSIAN EMPLOYERS FEDERATION |
|||||||||||||||
|
|||||||||||||||
|