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IN THIS ISSUE BULLETIN 04/2020
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

DALIA ASH’ARI v. MALAYSIA AIRPORTS (NIAGA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 178 OF 2020 [CASE NO: 22(4)(22)/4-503/19]
20 JANUARY 2020

DISMISSAL: Breach of company rules and policies – Medical leave – Claimant going on holiday whilst on medical leave – Whether it had been a serious misconduct – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether could be accepted – What the claimant’s actions had shown – Whether she had been guilty of malingering – Meaning of malingering – Whether it had justified the company dismissing her – Whether dismissal without just cause and excuse

DISMISSAL: Breach of company rules and policies – Medical leave – Purpose of medical leave – Whether it had been up to her to decide what she could, or could not do, depending on the gravity of her illness or injury – Whether she had clearly betrayed the trust and confidence that had been reposed in her by the company – Whether there had been any mala fide intention on the part of the company – Factors to consider – Effect of – Whether the claimant’s misconduct had been serious enough to warrant her dismissal


INA MELIESA HASSIM v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
SYED NOH SAID NAZIR
AWARD NO. 394 OF 2020 [CASE NO: 21(31)(20)/4-957/18]
14 FEBRUARY 2020

DISMISSAL: Breach of company rules and policies – Non-compliance with company’s weight management policy – Whether the claimant had failed to comply with the company’s weight management policy – Factors to consider – Evidence adduced – Effect of – Rationale for the introduction of the policy – Whether justifiable – Whether objected to by the claimant at the material time – Effect of – Whether the misconduct had been proven against her – Whether it had justified her dismissal

DISMISSAL: Breach of company rules and policies – Non-compliance with company’s weight management policy – Whether the policy had been imposed with mala fide intent and had discriminated against the claimant – Factors to consider – Evidence adduced – Effect of – Claimant’s defence – Whether it could be accepted – Claimant’s years of service with the company – Whether her conduct had justified her dismissal – Whether dismissal without just cause and excuse

LATEST CASES (ILR Issue 3 of 2020)
Award Parties Citation Links
23/2020 Mohamed Hisham Mohamed Redzuan v. Tenaga Nasional Berhad
[Case No: 18/4-508/19]
[2020] 1 ILR 449cljlaw
labourlaw
178/2020 Dalia Ash’ari v. Malaysia Airports (Niaga) Sdn Bhd
[Case No: 22(4)(22)/4-503/19]
[2020] 1 ILR 472cljlaw
labourlaw
291/2020 Vegentheran Poopalam v. Kudrat Maritime Malaysia Sdn Bhd
[Case No: 21(31)(5)/4-2915/18]
[2020] 1 ILR 485cljlaw
labourlaw
293/2020 David Anthony Reyes v. Gapima Sdn Bhd
[Case No: 20/4-824/2018]
[2020] 1 ILR 501cljlaw
labourlaw
301/2020 Kesatuan Pekerja-pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta v. Assunta Hospital
[Case No: 12/2-477/15]
[2020] 1 ILR 510cljlaw
labourlaw
305/2020 Muhammad Ishak Ibrahim v. Kool FM Radio Sdn Bhd
[Case No: 4/4-300/19]
[2020] 1 ILR 579cljlaw
labourlaw
346/2020 Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan Dan Sekutu v. Hicom Automotive Manufacturers (Malaysia) Sdn Bhd
[Case No: 22(21)/3-851/16]
[2020] 1 ILR 594cljlaw
labourlaw
394/2020 Ina Meliesa Hassim v. Malaysia Airlines Berhad
[Case No: 21(31)(20)/4-957/18]
[2020] 1 ILR 602cljlaw
labourlaw
To Subject Index
LATEST ARTICLES FROM MAIMUNAH'S COLUMN

CHANGES TO THE EMPLOYMENT LAWS 2017-2020: Part One
A number of changes were made to the employment laws in 2019 and there was an expectation that more could be expected in 2020. However, imminent amendments being drafted and refined came to a screeching halt when a major change in government took place in early 2020. At the time of writing this article, the new Minister of Human Resources has given no indication as to whether further changes can be expected in the near future or whether the status quo will remain or whether the recent amendments will, in fact, be enforced. They could even be revoked.

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CHANGES TO THE EMPLOYMENT LAWS 2017-2020: Part Two
In Part One of this article, I looked at amendments made in 2019 to the Workers’ Minimum Standards of Housing and Amenities Act 1990, now re-titled the Employees’ Minimum Standards of Housing, Accommodation and Amenities Act. The amendments to this Act should see an improvement in the standards of housing provided to foreign workers by their employers.

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RETRENCHMENT: CURRENT STATUS
Every decade or so a major national or international financial catastrophe occurs which impacts employers’ ability to retain staff and a wave of retrenchment occurs. It has long been recognised by the courts that employers have the right to upsize or downsize their staffing needs depending on their requirements at any point of time. Businesses could not continue without this principle being accepted. Nevertheless, when employees are retrenched, the law must be obeyed and fair practice complied with.

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ARTICLE HIGHLIGHT

COVID-19: SIX MONTH EXEMPTION FOR OVER 30,000 EMPLOYERS
Six-month levy exemption for employers registered with Human Resource Development Fund
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LOGISTICS COMPANY FIRST TO BE FINED FOR MAKING FALSE DECLARATION ON FAIR HIRING
Logistics company fined S$18k, banned from hiring foreign employees for two years
A logistics company has been fined S$18,000 for falsely declaring in its work pass application that it had considered local candidates fairly in order to hire a foreigner for a job position. Ti2 Logistics was also banned from hiring foreign employees for two years, the Ministry of Manpower (MOM) said in a news release on Tuesday (Mar 10). The work pass of the foreign employee hired for the position has been revoked. The company’s sole director Francis Chiang, who is in charge of recruitment, pleaded guilty to one charge under the Employment of Foreign Manpower Act.

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