Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

JAPRA AK RASE @ RASEK v. SARAWAK ENERGY BERHAD & ANOR
INDUSTRIAL COURT, SARAWAK
ANI AK SOLEP
AWARD NO. 611 OF 2017 [CASE NO: 8/4-565/12]
22 JUNE 2017


NUR AZMAN REDZUAN v. SELINSING GOLD MINE MANAGER SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 871 OF 2017 [CASE NO: 11/4-622/14]
20 JUNE 2017

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Article Highlight

FOUR YEAR RESTRAINT FOUND TO BE REASONABLE AFTER SALE OF EMPLOYEE SHARES
AUSTRALIA
Employment
Four-year restraint period on employee was reasonable
In the recent decision of Southern Cross Computer Systems Pty Ltd v Palmer (No 2) [2017] VSC 460, the Victorian Supreme Court stopped an IT specialist (the employee) from working for a competitor after it found a four year restraint period imposed on the employee to be reasonable. To sell his 40% shareholding in the company – Southern Cross Computer Systems (Southern Cross) – the employee had entered into a sale agreement which included the restraint clause in question. After some dispute as to the interpretation and scope of the restraint clause, McDonald J found that it afforded no more than reasonable protection of the purchaser’s goodwill in the business attributable to the shareholding. This article will examine how the Court construed the clause in the context of the sale agreement and how the four year restraint period was found to be reasonable.

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WORKER WINS $8000 IN COMPENSATION AFTER BEING DISMISSED FOR ADMITTING BIRTHDAY DRINKS LEFT HER UNABLE TO WORK
AUSTRALIA
Employment
Reinstatement of employee not appropriate, employer to pay A$8,230 in compensation
Salmon producer Tassal has been ordered to pay a former employee $8200 in compensation after the company fired her for calling in sick on the afternoon of ANZAC Day this year, admitting she had “over indulged” and would not be coming to work the next day. The staff member worked in a processing role for Tassal between August 2012 and her dismissal in May 2017.

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Global Media Reports

MALAYSIA

What to do if you think someone you know is being trafficked
Free Malaysia Today | 19-Sep-2017
The likelihood of you encountering someone who has been trafficked in your everyday life is surprisingly high, and you might not even have given it a ...

Human Resources practitioners play a vital role today
New Straits Times (Malaysia) | 13-Sep-2017
KUALA LUMPUR: The role of Human Resources (HR) practitioners is more crucial today in any organisation unlike in the past where it is usually tucked a...

ASEAN

An outstanding role model
The Star Online | 19-Sep-2017
LAST week, on Wednesday Sept 14, Halimah Yacob was sworn in as the eighth president of Singapore, the first woman and second Muslim to hold this natio...

Human capital development in Asia remains disparate
HRD Singapore (blog) | 18-Sep-2017
East Asian countries are in the middle of the range in human capital development, with the gap between the best and worst performers among the biggest...

WORLD

The Tories are in chaos, so Labour must stand ready
The Guardian | 19-Sep-2017
Ten years ago Northern Rock collapsed, and anxious savers were queueing outside the bank, a sight unseen in anyone’s lifetime. “It’s awful. Why did no...

Econ 4.0: Are we ready for IoT?
The Edge Markets MY | 18-Sep-2017
The promise is utopian. The Internet of Things (IoT) will free us from mundane jobs and automate processes in a wide range of industries, from manufac...

See all previous Global Media Reports

New! LLB Bulletin #09/2017