SATHIYA KALA NAGAPAN v. MALAYAN BANKING BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
MARY SHAKILA G AZARIAH
AWARD NO. 582 OF 2016 [CASE NO: 22(5)(6)(25)/4-740/13]
10 MAY 2016

CONTRACT OF EMPLOYMENT: Frustration of contract - Claimant absent from work for long periods of time due to her medical condition - Whether she had been able to substantiate it by her evidence - Factors to consider - Effect of - Bank's actions towards her - Whether reasonable - Whether the bank's actions in deeming her contract of employment as frustrated had been reasonable - Whether dismissal without just cause and excuse - Industrial Relations Act 1967, s. 20(3)

CONTRACT OF EMPLOYMENT: Frustration of contract - Whether the claimant's excessive absences from work had made the performance of her contract of employment impossible - Evidence adduced - Effect of - Whether there had been a frustration of the claimant's contract of employment - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

KESATUAN EKSEKUTIF RHB BANK BERHAD v. RHB BANK BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
MARY SHAKILA G AZARIAH, EMPLOYERS' PANEL: ROHIZAT BAHARUM, EMPLOYEES' PANEL: GILBERT JOHN AROKIA ADAIKALASAMY
AWARD NO. 700 OF 2016 [CASE NO: 22/3-631/14]
7 JUNE 2016

TRADE UNION: Respondent bank claiming that union had to be granted recognition pursuant to s. 9 of the IRA before it could represent its members - Whether it had any basis - Perusal of the IRA and TUA - Whether the respondent bank's contention had been correct - Factors to consider - Industrial Relations Act 1967, ss. 9, 13, 18, 19B & 30(5) and Trade Union Act 1959, s. 2

TRADE UNION: Respondent bank disallowing union officials to represent the workman in their official capacities at the DI - Reasons for the same - Whether the union had been granted recognition at the material time - Factors to consider - Chronology of events - Effect of - Whether the respondent bank's actions had been a breach of the principles of natural justice and had denied the union and the workman their rights

TRADE UNION: Whether "registration" and "recognition" had been independent issues - What each one had meant

Whether you're looking to convince your boss you need some additional training or you're hoping to show an interviewer your're the best candidate for a job, persuasion is an essential tool for professional success.

There is a serious problem in today's workplace. However, most leaders are at a loss as to how to handle it. How do you change non-performers? The irony is that many of these non-performers have the knowledge, skills and exprerience to perform well, and yet they do not. A skill-building programme is obviously not the answer here. Likewise, a quick fix motivation or a teambuilding programme will not be effetive here. The problem lies deep within those individuals.

Take the former president of a major defence company, whom I will call Phil. No one at the 13,000-employee firm believed Phil when he announced that he was going to create a culture of candour and openness.

Memulakan kerja dari rumah menjadi keinginan ramai. Ada yang ingin 'membebaskan' diri daripada bekerja di bawah bos dengan menjadi bos yang mengendalikan perniagaan sndiri di rumah.

View Other Media Info...