PAPER AND PAPER PRODUCTS MANUFACTURING EMPLOYEES’ UNION v. POLYPLUS PACKAGES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ISHAK MOHD YUSOFF
EMPLOYEES’ PANEL: MATKAR SIWANG
EMPLOYERS’ PANEL: AZILLAH SABAR
AWARD NO. 374 OF 2017 [CASE NO: 1(13)(1)/1-195/15]
13 MARCH 2017

INDUSTRIAL COURT: Procedure – Action – Parties seeking to rely on earlier trade dispute award for current proceedings – Whether ought to be allowed – Factors to consider – Effect of

NON-COMPLIANCE: Collective Agreement – Articles on bonus and annual increments – Whether there had been non-compliance by the company of the said articles in the said collective agreement – Whether the company had succeeded in establishing ‘special circumstances’ to justify its non-compliance with the said articles – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, s. 56(2)(c)

AHMAD ZAINI OMAR v. BELLA VISTA WATERFRONT RESORT & SPA / LANGKAWI AMAN SDN BHD
INDUSTRIAL COURT, PENANG
DOMNIC SELVAM GNANAPRAGASAM
AWARD NO. 540 OF 2017 [CASE NO: 9/4-1027/14]
13 APRIL 2017

DISMISSAL: Notice of termination – Forced resignation – Whether the claimant had been “chased out” of his employment – Factors to consider – Evidence adduced – Effect of – Whether he had been dismissed by the respondent company – Whether dismissal with just cause and excuse

INDUSTRIAL COURT: Remedies – Backwages – Claimant employed under a fixed-term contract – How much compensation under this head of damages he had been entitled to claim – Factors to consider – Effect of

INDUSTRIAL COURT: Remedies – Compensation in lieu of reinstatement – Claimant employed under a fixed-term contract – Whether he had had a legitimate expectation to be reinstated – Factors to consider – Effect of – Whether he had been entitled to claim compensation under this head of damages

POST-EMPLOYMENT RESTRAINTS, REPUDIATION AND ACCEPTANCE – CROWE HORWATH (AUST) PTY LTD V LOONE [2017] VSCA 181 (7 JULY 2017)
AUSTRALIA
Employment
Restraint of trade clauses unenforceable if repudiated by employer and employee has accepted repudiation and terminated contract
The Victorian Court of Appeal has recently held that restraint of trade clauses in employment contracts are unenforceable against a former employee if they have been repudiated by the employer and the employee has accepted the repudiation and terminated the contract.

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MINISTERS VOW TO END EMPLOYMENT TRIBUNAL FEES AFTER COURT DEFEAT
UK
Employment
Trade union wins landmark case against tribunal fees
The government has been forced into a humiliating overhaul of employment tribunal fees after the supreme court ruled they were inconsistent with access to justice. The highest UK court came down in favour of the trade union Unison, which argued that fees of up to £1,200 were preventing workers – especially those on lower incomes – from getting justice.

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