 |
||
|
||
LATEST CASES (ILR Issue 1 of 2024) |
||
|
SUBJECT INDEX BANKING Banks and banking business – Nature of banking business – Employee
served with bank as Service Associate/Teller – Employee dismissed from
employment due to misconduct of misappropriation of bank's cash money –
Cash shortage discovered after cash balance surprise check at end of day by
superior – Qualities expected of bank's employees in discharge of duties –
Whether dismissal warranted – Whether charge against employee grave
misconduct involving core of bank's business CIVIL PROCEDURE Costs – Award – Claimant performed poorly, exhibited bad attitude and
provided false employment history – Claimant failed to improve despite
being given opportunity – Claimant not confirmed in employment and later
terminated – Discovery that claimant serial vexatious litigant with habit of
bringing unfair dismissal claims against former employers – Whether
claimant engineered move to get sacked from employment – Whether costs
ought to be ordered against claimant – General practice of Industrial Court
in awarding costs – Industrial Relations Regulations 1967, reg. 5 INDUSTRIAL COURT Award – Non-compliance – Complaint – Termination of employment –
Complainant claimed against company – Industrial Court found claimant
was dismissed without just cause or excuse and awarded backwages –
Payment of compensation not forthcoming – Allegation of no knowledge of
suit by directors and shareholders – Liability of directors and shareholders
– Industrial Relations Act 1967, s. 56(1) – Industrial Court Rules 1967,
r. 24A Jurisdiction – Rehearing matter de novo – Employee terminated from
employment due to two allegations of misconduct – Non-convening of
domestic inquiry – Whether employee afforded chance to answer charges –
Whether employer acted contrary to rules of natural justice – Whether
proper procedure of dismissal complied with – Whether non-convening of
domestic inquiry fatal to employer's case – Jurisdiction of Industrial Court
to rehear matter de novo – Whether breach of natural justice cured LABOUR LAW Collective agreement – Trade dispute – Salary – Discrimination –
Adjustment of salary – Four employees not paid salary adjustment while four
others with same designation were paid – Whether there was discrimination Dismissal – Misconduct – Collecting monies from foreign workers to join
as members of Employees' Union – Whether act done in company's place
of business – Whether done during office hours – Whether there was
approval of employer – Whether ingredient of s. 7 of Industrial Relations Act
1967 satisfied Dismissal – Misconduct – Employee served with bank as Service Associate/
Teller – Employee misappropriated bank's cash money – Cash shortage
discovered after cash balance surprise check at end of day by superior –
Employee dismissed from employment with immediate effect – Whether
charge of misconduct against employee proven on balance of probabilities –
Whether punishment of dismissal proportionate – Whether dismissal done
with just cause or excuse Dismissal – Misconduct – Entering into restricted area of company's foreign
worker's hostel unlawfully and failing to wear mandatory face mask –
Whether misconduct warranting dismissal
Halim Tumin v. Win Win Food Industries Sdn Bhd Dismissal – Retrenchment – Redundancy – Whether dismissal done with just
cause or excuse – Whether retrenched – Whether circumstances existed
which justified termination exercise undertaken – Whether retrenchment
exercise bona fide and fair labour practice – Whether reinstatement proper
remedy Employment – Dismissal – Employee dismissed from employment due to
allegations of poor performance – Whether proven – Whether employee
warned about poor performance – Whether employee accorded sufficient
opportunity to improve – Whether termination simpliciter – Whether
termination lawful – Whether dismissal done with just cause or excuse Employment – Dismissal – Probationer – Probationer performed poorly,
exhibited bad attitude and provided false employment history – Probationer
failed to improve despite being given opportunity – Probationer not
confirmed in employment and later terminated – Whether dismissal
capricious or arbitrary Employment – Terms and conditions – Employee's retirement benefits –
Trade dispute – Complaint by Trade Union of employee's retirement
benefits – Applicable retirement benefit formula – Whether 12% of total base
salary, pursuant to Employee's Handbook – Whether one month last drawn
salary for each completed year of service, as reported company's financial
statement – Whether financial statement could serve as source of establishing
terms and conditions of employment Misconduct – Insubordination – Disobedience – Employee assigned to
perform certain tasks at project office – Employee stopped coming to project
office and/or stopped contributing to project – Employee neglected and/or
failed to obey official instructions from superior requesting her to report for
duty and/or resume work – Employee found guilty of charges of misconduct
and dismissed – Whether dismissal with just cause or excuse TRADE DISPUTE Collective agreement – Interpretation and execution of collective agreement
– Upgrading exercise by company – Requirements to be fulfilled by
non-executive employees before eligible for upgrade – Whether there was
non-compliance of collective agreement by company – Whether job
enrichment criteria Collective agreement – Salary – Adjustment of salary – Four employees not
paid salary adjustment while four others with same designation were paid –
Whether there was distinction in work portfolio with different tasks and
responsibilities – Whether there were additional duties – Whether there was
discrimination in terms of salary adjustment – Whether discrimination fair
– Whether there was resultant harm or injury to those who were
discriminated – Whether there was inordinate delay in raising grievances Complaint – Retirement benefits of employee – Applicable retirement
benefit formula – Whether 12% of total base salary, pursuant to Employee's
Handbook – Whether one month last drawn salary for each completed year
of service, as reported in company's financial statement WORDS & PHRASES ‘during working hours' – Industrial Relations Act 1967, s. 7 – Misconduct
– Collecting monies from foreign workers at hostel to join as members of
Employees' Union – Whether ‘place of business' includes hostel or place of
accommodation of workers – Whether exclusion/omission of words ‘during
working hours' in termination letter detrimental INDEKS PERKARA KONTRAK Kontrak perkhidmatan – Gaji – Pihak menuntut mendakwa dirinya pekerja
syarikat dan telah ditamatkan perkhidmatan secara terancang – Sama ada
pihak menuntut pekerja syarikat – Sama ada majikan gagal membayar gaji -
Sama ada terdapat pelanggaran kontrak – Sama ada terdapat pemecatan –
Sama ada pemecatan dengan sebab dan alasan yang adil UNDANG-UNDANG BURUH Pekerjaan – Penamatan – Pihak menuntut ditamatkan perkhidmatan – Pihak
menuntut diperdaya oleh majikan dan ditamatkan perkhidmatan – Sama ada
penamatan perkhidmatan pihak menuntut dibuat secara adil – Sama ada
tindakan majikan menamatkan perkhidmatan tidak wajar serta tanpa sebab
atau alasan yang munasabah – Majikan gagal hadir perbicaraan – Sama ada
pengembalian jawatan remedi yang sesuai Pekerjaan – Penamatan – Penamatan terancang – Gaji – Sama ada majikan
gagal membayar gaji – Sama ada terdapat pemecatan – Sama ada pemecatan
dengan sebab dan alasan yang adil – Sama ada peletakan jawatan pihak
menuntut ditolak Pekerjaan – Penamatan – Salah laku – Gangguan seksual di tempat kerja –
Pihak menuntut ditamatkan perkhidmatan selepas didapati bersalah atas dua
pertuduhan gangguan seksual di tempat kerja – Pihak menuntut meraba
belakang pengadu/mangsa, membuat kontak mata, mengeluarkan komenkomen
berbaur seksual dan membuat panggilan video lewat malam dan
mengirim WhatsApp pada pengadu – Sama ada keterangan sokongan
diperlukan dalam kes-kes melibatkan gangguan seksual – Sama ada
penamatan kerja pihak menuntut adalah atas sebab dan alasan yang
munasabah – Sama ada penamatan kerja pihak menuntut selaras dengan
prinsip asas keadilan asasi – Akta Kerja 1955 (Pindaan 2012) |
||
|
