JACQUELINE JOSEPH v. UNIVERSITY COLLEGE SABAH FOUNDATION
INDUSTRIAL COURT, SABAH
INDRA AYUB
AWARD NO. 24 OF 2023 [CASE NO: 17-4-1994-20]
3 JANUARY 2023

LABOUR LAW: Dismissal – Termination of service – Claimant/employee appointed by way of contract – Non-renewal of employment contract – Whether employment contract genuine fixed-term contract – Whether employment on permanent basis – Whether issue of dismissal arose – Whether non-renewal of employment contract carried out in accordance with fair labour practice

LABOUR LAW: Employment contract – Termination of service – Claimant/employee appointed by way of contract – Non-renewal of employment contract – Whether employment contract genuine fixed-term contract – Whether non-renewal of employment contract carried out in accordance with fair labour practice

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MANOKARAN S MAHALINGAM v. HIAP HOE CRANES & ENGINEERING (M) SDN BHD
INDUSTRIAL COURT, JOHOR
AZWARNIDA AFFANDI
AWARD NO. 74 OF 2023 [CASE NO: 16-4-1857-21]
9 JANUARY 2023

LABOUR LAW: Dismissal – Retirement – Company issued letter of retirement to claimant – Employee/claimant 62 years and nine months during issuance of letter – Claimant did not object to letter – Whether claimant, who had surpassed statutory minimum age of 60, could be retired by company – Whether claimant's contract of employment prescribed retirement clause – Whether claimant's termination by way of retirement made with just cause and excuse – Whether claimant eligible to be reinstated to his former position in company – Whether compensation in lieu of reinstatement and backwages could be awarded to claimant if reinstatement could not be ordered – Minimum Retirement Age Act 2012, s. 4(1)

Award	Parties	Citation	Links
11/2023	Shahriman Ahmad Shafie lwn. MRCB Builders Sdn Bhd [No. Kes: 2-4-2454-21]	[2023] 1 ILR 247
24/2023	Jacqueline Joseph v. University College Sabah Foundation [Case No: 17-4-1994-20]	[2023] 1 ILR 261
32/2023	Ghazali Abdullah v. FGV Plantations (Malaysia) Sdn Bhd [Case No: 4-4-1891-19]	[2023] 1 ILR 278
50/2023	J Mogan Joseph lwn. Ghazal Mahel Sdn Bhd [No. Kes: 19-4-1208-21]	[2023] 1 ILR 300
68/2023	Toh Chin Yong v. RISB Products Sdn Bhd [Case No: 9-4-2282-21	[2023] 1 ILR 305
73/2023	Chong Siew Yee v. RNB Engineering (Asia) Sdn Bhd [Case No: 19(9)-4-1045-21]	[2023] 1 ILR 321
74/2023	Manokaran S Mahalingam v. Hiap Hoe Cranes & Engineering (M) Sdn Bhd [Case No: 16-4-1857-21]	[2023] 1 ILR 329
212/2023	Maznida Mohamad v. Malaysia Airports Holdings Bhd [Case No: 21-4-331-20]	[2023] 1 ILR 345
213/2023	Mohd Azmi Mohd Yaacob v. Mutiara Smart Sdn Bhd [Case No: 7-4-1350-19]	[2023] 1 ILR 364
214/2023	Georgiana Chai Siaw Vun v. Lekamas Sdn Bhd [Case No: 10-4-2526-21]	[2023] 1 ILR 371

SUBJECT INDEX

NEARLY 7 OUT OF 10 WORKING SINGAPOREANS AGED 65 AND ABOVE EARN LESS THAN S$2,500
SINGAPORE: Close to seven out of 10 working elderly in Singapore earn less than S$2,500, according to figures provided by Manpower Minister Tan See Leng on Tuesday (Feb 7). He was writing in response to parliamentary questions by Non-Constituency Member of Parliament Leong Mun Wai on the number of Singaporeans above 65 years old still working along with their salaries and industries. A total of 207,300 Singapore residents aged 65 and above were employed in 2022 - an employment rate of 31 per cent, said Dr Tan. "This is high compared to OECD (Organisation for Economic Cooperation and Development) countries, and is probably the result of the high life expectancy of Singaporeans," he added.

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LABOUR MARKET CONTINUES RECOVERY, NUMBER OF UNEMPLOYED DIPS TO 600,900
Employment The labour market is on a steady path to recovery with the unemployment rate in the country showing a downward trend with only 600,900 persons in November 2022, compared with 602,000 in October 2022, said the Department of Statistics Malaysia (DOSM). Chief statistician Datuk Seri Dr Mohd Uzir Mahidin in a statement on Tuesday (Jan 10) said the unemployment rate remained at 3.6%, claiming the positive outlook was because of the development of current economic activities in the country. "In November 2022, the labour market further strengthened in line with the development of current economic activities. Thus, the labour force situation continued to expand during the month, with an increase in the number of employed persons, while the number of unemployed persons dropped," he said.

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