KAMAL AZIZUL AZIZ v. AMBANK (M) BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
SAROJINI KANDASAMY
AWARD NO. 475 OF 2017 [CASE NO: 4(23)/4-772/13]
31 MARCH 2017

DISMISSAL: Performance - Unsatisfactory performance - Whether the claimant had performed satisfactorily - Factors to consider - Evidence adduced - Effect of - Whether he had failed to discharge his duties to the bank satisfactorily - Position held by the claimant in the bank - Claimant's defence - Whether acceptable - Whether the bank had given him opportunities to improve - Whether he had availed himself to those opportunities - Effect of - Bank's actions towards him - Whether bona fide - Whether the bank had been justified in dismissing him - Whether dismissal without just cause or excuse

DISMISSAL: Probationer - Claimant put on probation for a period of 40 months - Whether it had constituted an unfair labour practice or an act of oppression by the bank - Factors to consider - Effect of - Reasons why his probation had been extended for that period of time - Whether it had been justified - Whether the bank's intentions in so acting had been genuine

THARMANANDAN THANGAMUTHU v. ALAM ETIKAA RESOURCES (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
JAMIL ARIPIN
AWARD NO. 584 OF 2017 [CASE NO: 14/4-1152/15]
20 APRIL 2017

DISMISSAL: Constructive dismissal - Benefits - Whether the claimant had been entitled to his allowances and the cost of the materials purportedly purchased on behalf of the company - Factors to consider - Effect of

DISMISSAL: Constructive dismissal - Salary - Claimant delaying in claiming constructive dismissal - Reasons for the same - Whether he had, by his conduct, waived or accepted the breach - Factors to consider - Evidence adduced - Effect of - Whether he had been constructively dismissed by the company - Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal - Salary - Company failing to pay the claimant's salaries for six months - Claimant given an advancement - Whether it could be regarded as salary - Factors to consider - Effect of

DISMISSAL: Constructive dismissal - Salary - Company failing to pay the claimant's salaries for six months - Whether it had amounted to a breach of a fundamental term of his contract of employment - Whether it had entitled him to walk out of his employment and claim constructive dismissal - Effect of

DISMISSAL: Constructive dismissal - Salary - Whether there had been a unilateral reduction of the claimant's salary - Factors to consider - Evidence adduced - Effect of

NO FREE ACCIDENTS: SUPREME COURT OF CANADA UPHOLDS TERMINATION OF DRUG DEPENDENT EMPLOYEE
CANADA
Employment
Termination of employee involved in workplace incident while under influence of drugs
On June 15, 2017, the Supreme Court of Canada in Stewart v Elk Valley Coal Corp.¹ (“Elk Valley”) confronted the “uneasy fit of drug addiction and drug testing policies in the human rights arena”². Elk Valley addresses an employer’s decision to terminate an employee involved in a workplace incident while under the influence of drugs and the employee’s allegation that his termination constituted unlawful discrimination under Alberta’s human rights legislation.

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SUPREME COURT UPHOLDS WHEELCHAIR USER'S CLAIM AGAINST BUS COMPANY
UK
Employment
Bus company discriminated against wheelchair user
The Supreme Court has ruled that a bus company discriminated against a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy who was not willing to move. In reaching its decision in the case of Paulley v First Group, the Court overturned the Court of Appeal's 2015 decision that there had been no discrimination. Nevertheless, the claim did not meet with unqualified success.

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