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IN THIS ISSUE BULLETIN 09/2018
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

BALA SANDRAN KRISHNASAMY v. BEAUTY LAND ENTERPRISE
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 1250 OF 2018 [CASE NO: 11/4-1110/16]
4 JUNE 2018

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Claimant employed by one company but terminated by another – Determination of who the claimant’s true employer had been – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether this claim had been rightly brought against the company

EVIDENCE: Adverse inference – Whether GSC had been a material witness – Factors to consider – Company failing to call her to testify – Whether an adverse inference ought to be drawn against it – Evidence Act 1950, s. 114(g)

INDUSTRIAL COURT: Procedure – Action – Claimant dealing with three separate companies – Whether the corporate veil ought to be lifted – Factors to consider – Evidence adduced – Effect of – Whether the three companies had in effect been one and the same – Whether there had been an element of fraud in the company’s actions towards the claimant


ELIAS MD KADIR BABA v. KERETAPI TANAH MELAYU BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
JAMIL ARIPIN
AWARD NO. 1338 OF 2018 [CASE NO: 14/4-290/16]
11 JUNE 2018

CONTRACT OF EMPLOYMENT: Type of – Fixed-term contract – Claimant tendering his resignation before the expiry of the fixed-term contract and later withdrawing it based on the assurances of COWS1 – Whether COWS1 had had the authority to renew the contract – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the communications between the claimant and COWS1 had been mere proposals – What the intentions of the parties to the contract had been – Evaluation of the contract – Whether the wording had been clear and unambiguous – Whether it had in fact been a permanent contract – Effect of – Whether the claimant had been dismissed – Whether dismissal without just cause and excuse

CONTRACT OF EMPLOYMENT: Type of – Fixed-term contract – Whether the claimant had had a legitimate expectation that his contract would be renewed – Factors to consider – Evidence adduced – Effect of – Claimant’s actions – What it had shown – Whether it had been a genuine fixed-term contract – Whether there had been a dismissal – Whether dismissal without just cause and excuse

LATEST CASES (ILR Issue 8 of 2018)
Award Parties Citation Links
  RHB Bank Bhd v. YB Menteri Sumber Manusia Malaysia & Anor
[Civil Appeal No: W-01(A)-197-06-2015]
[2018] 3 ILR 193 cljlaw
labourlaw
1250/2018 Bala Sandran Krishnasamy v. Beauty Land Enterprise
[Case No: 11/4-1110/16]
[2018] 3 ILR 208 cljlaw
labourlaw
1259/2018 Kesatuan Pekerja-pekerja Perkilangan Perusahaan Makanan v. Malayan Flour Mills Berhad (Lumut Plant)
[Case No: 1/1-74/17]
[2018] 3 ILR 225 cljlaw
labourlaw
1285/2018 Kesatuan Pekerja-pekerja Canon Opto (Malaysia) Sdn Bhd v. Canon Opto (Malaysia) Sdn Bhd
[Case No: 24(13)(22)(13)(3)/2-231/15]
[2018] 3 ILR 234 cljlaw
labourlaw
1314/2018 Maria Hastuti Bachtiar v. Malaysian Airline System Berhad
[Case No: 26(3)/4-104/15]
[2018] 3 ILR 265 cljlaw
labourlaw
1338/2018 Elias Md Kadir Baba v. Keretapi Tanah Melayu Berhad
[Case No: 14/4-290/16]
[2018] 3 ILR 275 cljlaw
labourlaw
1368/2018 Paper And Paper Products Manufacturing Employees’ Union v. SNC Industrial Laminates Sdn Bhd
[Case No: 23(21)(26)(13)(1)(7)(16)/2-1050/13]
[2018] 3 ILR 291 cljlaw
labourlaw
1374/2018 Mohd Nazry Aripin v. Indah Water Konsortium Sdn Bhd
[Case No: 20(12)/4-589/17]
[2018] 3 ILR 318 cljlaw
labourlaw
1460/2018 Sin Kok Foong v. Grey Worldwide Sdn Bhd
[Case No: 12/4-678/15]
[2018] 3 ILR 325 cljlaw
labourlaw
1621/2018 Chok Siew Keng v. The Pacific Insurance Berhad
[Case No: 13(4)/4-784/16]
[2018] 3 ILR 364 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

WOMAN WHO DERIDED ‘KNOB HEAD’ COLLEAGUE IN WORK EMAILS WAS UNFAIRLY DISMISSED, EAT RULES
UK
Employee fired for 'knob head' remark was unfairly dismissed
An employee of a motorcycle manufacturer who was fired after she called one of her colleagues a ‘knob head’ over workplace email was unfairly dismissed, the Employment Appeal Tribunal (EAT) has upheld. Talon Engineering’s decision to dismiss Mrs V Smith was found to be unreasonable because of its refusal to postpone her disciplinary hearing for a second time so a particular union representative could attend. Bristol Employment Tribunal held this rendered the dismissal “unfair procedurally and fatally flawed”.

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UNPRECEDENTED FEDERAL COURT DECISION COULD HAVE “DYNAMITE” CONSEQUENCES FOR BUSINESSES EMPLOYING CASUAL WORKERSS
AUSTRALIA
Second case to be heard by Federal Court that could have huge ramifications for small businesses
An unprecedented decision by the full bench of Australia’s Federal Court could have huge ramifications for a huge number of Australian small businesses who employ casual workers. In a decision handed down yesterday, the full power of the Federal Court ruled in favour of a casual truck driver who was employed at a Rio Tinto mine by labour-hire company Workpac.

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