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IN THIS ISSUE BULLETIN 5/2017

1. Latest Highlights
- Case Highlights
- ILR Issue 4 of 2017
2. Media Info

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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

AZMAN MOHAMAD v. ORIENTAL SUMMIT INDUSTRIES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 271 OF 2017 [CASE NO: 19/4-267/15]
15 FEBRUARY 2017

DISMISSAL: Breach of company rules and policies - Bribery - Acceptance of - Whether the claimant had demanded and had been taking bribes from the company's contractor - Evidence adduced - Effect of - Whether the charge had been proven by the company - Claimant's defence - Whether acceptable - What the company had to prove - Whether it had had reasonable grounds for believing that the claimant had taken the monies - Evaluation of the evidence adduced - Effect of - Whether the company's actions had been reasonable - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

EVIDENCE: Documentary evidence - Findings of the DI - Whether valid - Factors to consider - Whether the rules of natural justice had been complied with - Effect of

EVIDENCE: Standard of proof - Misconduct of a criminal nature suspected or gross misconduct bordering on criminality alleged - What standard of proof is required to be proven - Whether it had been sufficient for the employer to have acted reasonably in dismissing the employee - Factors to consider - Effect of

AZREE AHMAD v. CARAVAN SERAI SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 279 OF 2017 [CASE NO: 11/4-48/15]
16 FEBRUARY 2017

DISMISSAL: Insubordination - Claimant walking away from the area after having a misunderstanding with COW1 - Whether the claimant had acted in an insubordinate manner towards his superior - Evidence adduced - Effect of - Company's actions thereafter - What it had shown - Whether the claimant had been dismissed by the company - Whether his dismissal had been justified under the circumstances - Whether dismissal without just cause and excuse

LATEST CASES (ILR Issue 4 of 2017)
Award Parties Citation Links
  Panglima Tentera Laut Diraja Malaysia & Ors v. Simathari Somenaidu
[Civil Appeal No: 01(f)-17-07-2014(W)]
[2017] 2 ILR 1 cljlaw
labourlaw
  Saiful Nizam Adnan v. Jabatan Kerja Raya Negeri Selangor & Ors
[Suit No: 21NCVC-12-04-2015]
[2017] 2 ILR 21 cljlaw
labourlaw
216/2017 Hamsa Budin v. Sarawak Energy Berhad & Anor
[Case No: 8/(3)(8)/4-861/11]
[2017] 2 ILR 32 cljlaw
labourlaw
233/2017 Kesatuan Kebangsaan Pekerja-Pekerja Dalam Industri Tembakau (National Union Of Tobacco Industry Workers) v. Tobacco Importers And Manufacturers Sdn Bhd
[Case No: 21(26)/3-480/15]
[2017] 2 ILR 64 cljlaw
labourlaw
242/2017 Rajendra Parshad BH Sharma v. Kesatuan Kebangsaan Pekerja-Pekerja Perdagangan
[Case No: 13/4-175/2010]
[2017] 2 ILR 77 cljlaw
labourlaw
244/2017 Adrian Samuel Labo & Ors v. Malaysian Airline System Berhad
[Case No: 8(7)(8)/4-1138/10]
[2017] 2 ILR 91 cljlaw
labourlaw
246/2017 Chai Kian Huat & Anor v. DS Albedo Sdn Bhd
[Case No: 14/4-201/15]
[2017] 2 ILR 110 cljlaw
labourlaw
251/2017 Kesatuan Pekerja-Pekerja Parkroyal Kuala Lumpur v. Grand Elite Sdn Bhd (Parkroyal Kuala Lumpur)
[Case No: 13/3-514/14]
[2017] 2 ILR 130 cljlaw
labourlaw
271/2017 Azman Mohamad v. Oriental Summit Industries Sdn Bhd
[Case No: 19/4-267/15]
[2017] 2 ILR 138 cljlaw
labourlaw
279/2017 Azree Ahmad v. Caravan Serai Sdn Bhd
[Case No: 11/4-48/15]
[2017] 2 ILR 149 cljlaw
labourlaw
285/2017 Mohamad Rafie Mohd Razi v. Hume Concrete Sdn Bhd
[Case No: 3/4-781/15]
[2017] 2 ILR 161 cljlaw
labourlaw
295/2017 Kesatuan Pegawai-Pegawai Standard Chartered Bank Malaysia Berhad, Semenanjung Malaysia v. Standard Chartered Bank Malaysia Berhad
[Case No: 22(23)/2-1187/13]
[2017] 2 ILR 176 cljlaw
labourlaw
To Subject Index
MEDIA INFO
Articles
How Hitler and Gandhi chose their paths in history (The Star, Malaysia)

Adolf Hitler and Mohandas Karamchand Gandhi (Mahatma Gandhi) are two very important figures of the last century. The former went down in history books for war and genocide; the latter, for opposing tyranny with non-violence.

Business/Management Skills
How to lead with your strengths (New Straits Times, Malaysia)

People who use their strengths at work are more likely to be engaged and perform at higher levels. Learning how to lead with your strengths will not only help you set an example for others, but will help you achieve your highest potential as a leader in your department, and your organisation as a whole.

Human Resource
Retire at 65? No thanks, say polls participants (The Star, Malaysia)

Malaysians are not in favour of increasing the retirement age from the existing 60 to 65. A recent poll conducted by The Star online found that 66% of 3,780 participants voted "no" to the increased retirement age.

Tips
Successful 'self-packaging' (The Star, Malaysia)

A lot is being made of building a personal brand lately. It is a good idea to have a clearly defined personal brand. This is especially true if you are in the midst of growing your career or finding a new position. Get a solid start in these six easy steps.

Working Smart
When the harshest moments hold the greatest lessons (The Star, Malaysia)

To thrive, we must learn to survive. At some point in our lives, we have either heard of - or even experienced for ourselves - successes that probably would never have come about if not for a critical life-changing event.

View Other Media Info...

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