If you can't view the message, please click here.

 
IN THIS ISSUE BULLETIN 03/2015

1. Latest Highlights
    - Case Highlights
    - ILR Issue 2 of 2015
2. Media Info

 

 
 
LATEST HIGHLIGHTS
  CASE HIGHLIGHT
 

NIRASE FATHIMA ABUBACKER v. UCI EDUCATION SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 82 OF 2015 [CASE NO: 13/4-177/2013]
21 JANUARY 2015

CONTRACT OF EMPLOYMENT: Type of - Claimant employed on a series of fixed term contracts - Claimant prevented from completing duration of last contract - Whether it had amounted to a dismissal - Factors to consider - Effect of

DISMISSAL: Notice of termination - Company issuing a letter informing the claimant that her visa has expired and preventing her from teaching - Whether it had amounted to a summary dismissal - Factors to consider - Effect of - Whether the company by its conduct had evinced an intention not to be bound by the contract of employment - Whether her dismissal had been without just cause and excuse

EVIDENCE: Witnesses - Whether the company's witnesses had been able to rebut the claimant's case - Evidence adduced - Evaluation of - Effect of - Company failing to call the claimant's immediate superior who had still been in its employ - No reasons put forward by the company - Whether the evidence of this witness had been material - Factors to consider - Whether the company had succeeded in proving the misconduct against the claimant - Evidence adduced - Effect of

  Read More...
 

WONG KIM LEAN v. SUNWAY LAGOON SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 1 OF 2015 [CASE NO: 13(26)/4-1297/2007]
2 JANUARY 2015

DISMISSAL: Constructive dismissal - Obscene language and vulgarities allegedly used against the claimant - Whether proven by her - Evidence adduced - Effect of

DISMISSAL: Constructive dismissal - Warning letter - Claimant issued a warning letter - Claimant appealing against the same to no avail - Company's actions - Whether reasonable - Whether the company's actions had been a breach which had gone to the root of her contract of employment - Factors to consider - Effect of - Whether the claimant had been constructively dismissed

DISMISSAL: Constructive dismissal - Warning letter - Contents of the warning letter - Whether it had been a breach going to the root of her contract of employment - Factors to consider - Effect of - Whether the company's actions had been reasonable - Whether constructive dismissal proven by the claimant

DISMISSAL: Constructive dismissal - Warning letter - Whether the threat of future disciplinary action could be construed as a breach going to the root of the contract of employment - Factors to consider

EVIDENCE: Burden of proof - Whether the claimant had discharged it on a balance of probabilities - Whether she had been constructively dismissed by the company - Factors to consider

NOTICE OF TERMINATION: Forced resignation - Whether the claimant had been forced to resign - Evidence adduced - Effect of

  Read More...
  LATEST CASES (ILR Issue 2 of 2015)
 
Award Parties Citation Links
  Indah Water Konsortium Sdn Bhd v. Govindarajan Alagar [Civil Appeal No: 12B-8-02-2013] [2015] 1 ILR 217 cljlaw
labourlaw
  Narenthra Rao TG Somanatha Rao v. Malayan Banking Bhd [Civil Appeal No: 16-2-02-2013] [2015] 1 ILR 228 cljlaw
labourlaw
  Owi Cheng Ian v. Suruhanjaya Pasukan Polis Diraja Malaysia & Ors [Civil Appeal No: W-01-672-2010] [2015] 1 ILR 245 cljlaw
labourlaw
1/2015 Wong Kim Lean v. Sunway Lagoon Sdn Bhd [Case No: 13(26)/4-1297/2007] [2015] 1 ILR 255 cljlaw
labourlaw
2/2015 Wong Chen Feng lwn. Wonderful Compound Sdn Bhd [No. Kes: 16/4-502/14] [2015] 1 ILR 274 cljlaw
labourlaw
17/2015 Parimala Appu lwn. Genting Information Knowledge Enterprise Sdn Bhd [No. Kes: 26/4-653/12] [2015] 1 ILR 293 cljlaw
labourlaw
25/2015 Matthias Legler v. DKSH Corporate Shared Services Center Sdn Bhd [Case No: 22(14)/4-1030/12] [2015] 1 ILR 305 cljlaw
labourlaw
26/2015 Armi Syahrin Ab Razak v. MISC Agencies Sdn Bhd / MISC Berhad [Case No: 13(9)/4-705/2013] [2015] 1 ILR 324 cljlaw
labourlaw
30/2015 Ow Voon Ee v. Sports Toto Malaysia Sdn Bhd [Case No: 12/4-2072/07] [2015] 1 ILR 342 cljlaw
labourlaw
82/2015 Nirase Fathima Abubacker v. UCI Education Sdn Bhd [Case No: 13/4-177/2013] [2015] 1 ILR 364 cljlaw
labourlaw
107/2015 Abdul Rahman Sidek & Perayu Lain v. Forest Plantation Development Sdn Bhd [Case No: 19/4-1566/12] [2015] 1 ILR 378 cljlaw
labourlaw
123/2015 Liew Peat Ling v. Electest Sdn Bhd [Case No: 13/4-1240/2013] [2015] 1 ILR 389 cljlaw
labourlaw
126/2015 Shane Raj Martin Martin Jeyaratnam v. Chartis Technology And Operations MGMT (M) Sdn Bhd [Case No: 3(15)(3)(28)/4-522/12] [2015] 1 ILR 402 cljlaw
labourlaw
  To Subject Index
   
MEDIA INFO
  Articles
Suiting up for the job (The Star, Malaysia)

You have great grades, and now it's time to take a dive into the working world. before you start filling out those application forms, here are a few things to do.

Business/Management Skills
Online Business (New Straits Times, Malaysia)

An online business is a business that is run via the internet. These businesses may include retailing, outsourcing of service, reselling items of your own, or other people's products, being an infopreneur, and many others.

Human Resource
'Increase minimum wage to RM1,500'
RM900 is 'nothing these days', union leader tells Government
(The Star, Malaysia)

The Government should consider increasing the minimum wage from RM900 to RM1,500 soon to avoid risking workers' welfare and subsequently, their performance.

Opinion
To leave or not to leave? (The Star, Malaysia)

"When I was young I kept picking roles and thinking 'I don't like this' and then moving on, and you can't afford to do that. What do you do when you realise that you don't like your job?.

Service
MyEG service proven effective (The Star, Malaysia)

The work permits of more than 53,000 foreign workers have been renewed through MyEG Service Bhd's (MyEG) online system.

Stress Management
Keeping cool at work (The Star, Malaysia)

Earlier this morning, I was told that I had about a day to write this article. I began to worry about the short time given to me and this was of course very stressful. Indeed, I was stressing out over writing an article about work-related stress. Oh, the irony!.

Tips
Confronting challenges head on (New Straits Times, Malaysia)

There is a saying "When the going gets tough, the tough gets going". In challenging times leaders need to bite the bullet and confront the real issue instead of being wishy-washy with lots of double talk. Here are some key actions leaders can take.

Working Smart
Doing the job right (New Straits Times, Malaysia)

Long working hours, unreasonable deadlines and heavy workloads that deny them quality time with their families are among the reasons behind Malaysian workers switching jobs.

View Other Media Info...

Copyright Mylawbox Sdn Bhd Subscribe | Unsubscribe