LATEST CASES (ILR Issue 08 of 2019)
SUBJECT INDEX
DISMISSAL
Breach of company rules and policies – Abuse of e-mail facilities – Whether the claimant had abused the bank's e-mail facilities – Factors to
consider – Evidence adduced – Effect of – Whether the charge had been
proven against her – Whether it had justified her dismissal – Whether
dismissal without just cause and excuse
Marhaini Ariffin v. AmInvestment Bank Berhad
(Yong Soon Ching) [2019] 3 ILR 353
Insolence – Gross insolence – Claimant failing to respond to the
company's warning and show cause letters – Reasons for the same – Whether it had amounted to gross insolence and insubordination – Factors
to consider – Evidence adduced – Evaluation of – Effect of – His defence – Whether could be accepted – Whether the charge had been proven by
the company against him – Whether dismissal without just cause or
excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)
Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
(Bernard John Kanny) [2019] 3 ILR 248
Insubordination – Claimant failing to comply with the company's
directives to undergo a medical examination – Whether the directive had
been clear, unambiguous and a reasonable and legitimate one – Factors to
consider – Effect of – What his conduct had shown – Whether his actions
had constituted insubordination – His explanations – Whether could be
accepted – Whether his dismissal had been justified under the
circumstances
Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
(Bernard John Kanny) [2019] 3 ILR 248
Misconduct – Whether the claimant had abused the bank's
whistleblowing policy – Factors to consider – Evidence adduced – Evaluation of – Effect of – The company's actions towards her – What it
had shown – Claimant's defence – Whether could be accepted – Whether
the company had been reasonable in dismissing her – Whether dismissal
without just cause and excuse
Marhaini Ariffin v. AmInvestment Bank Berhad
(Yong Soon Ching) [2019] 3 ILR 353
Misconduct – Whether the claimant had distributed the company's
confidential information to third parties without approval – Evidence
adduced – Evaluation of – Effect of – Whether the charge had been proven
by the company against him – Whether it had justified his dismissal – Whether dismissal without just cause and excuse
Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
(Bernard John Kanny) [2019] 3 ILR 248
DOMESTIC INQUIRY
Representation – Claimant failing to attend despite being aware of it – Whether he had denied himself the right to be heard – Effect of
Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
(Bernard John Kanny) [2019] 3 ILR 248
EVIDENCE
Documentary evidence – Findings of the DI – Whether perverse – Factors
to consider – Effect of
Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
(Bernard John Kanny) [2019] 3 ILR 248
INDUSTRIAL COURT
Award – Appeal against – Domestic inquiry found employee guilty of
misconduct – Insubordination against superior – Employee downgraded
from position and transferred without change in salary – Matter referred to
Industrial Court – Industrial Court found employee defiant and committed
acts of insubordination – Industrial Court found employer's decision to
downgrade employee could not be subject of claim for constructive
dismissal – Industrial Court's award quashed by High Court – Whether
findings of Industrial Court tainted with illegality and irrationality – Whether warranted intervention by High Court
Sunway University College v. Mahkamah Perusahaan Malaysia & Anor
(Tengku Maimun Tuan Mat, Mary Lim & Hasnah Mohammed
Hashim JJCA) [2019] 3 ILR 215
Jurisdiction – Claimant abandoning his prayer for reinstatement during the
course of the hearing – Whether the Industrial Court had jurisdiction to
hear the matter – Factors to consider – Effect of – Whether the claimant's
claim then became an abuse of the court process
Nabil Abdul Malik v. Hufcor Maroshumi Sdn Bhd
(Franklin Goonting) [2019] 3 ILR 282
Jurisdiction – Whether the Industrial Court had the jurisdiction to
adjudicate on this matter – Factors to consider – Effect of – Whether the
1st respondent had been a proper party to the application – Industrial
Relations Act 1967, s. 56(2)
Rajasekar K Suppiah & Ors v. Malaysian Airline System Berhad & Anor
(Noor Ruwena Mohd Nurdin) [2019] 3 ILR 366
LABOUR LAW
Employment – Compensation – Claim for – Employees suffered severe
injuries from fire and explosion at factory – Employees instituted action
against employers for damages – Whether employees' claim barred under
s. 31 of Employees' Social Security Act 1969 – Whether employees had
already applied and received compensation from Social Security Organisation of Malaysia (SOCSO) – Whether employees' injuries came
within definition of employment injuries – Whether double recovery
allowed
Palmamide Sdn Bhd & Anor v. Rajendiran Manickam & Anor
(SM Komathy Suppiah J) [2019] 3 ILR 209
Employment – Constructive dismissal – Allegation of – Domestic inquiry
found employee guilty of misconduct – Insubordination against superior – Employee downgraded from position and transferred without change in
salary – Matter referred to Industrial Court – Industrial Court found
employee defiant and committed acts of insubordination – Industrial Court
found employer's decision to downgrade employee could not be subject of
claim for constructive dismissal – Whether employee constructively
dismissed
Sunway University College v. Mahkamah Perusahaan Malaysia & Anor
(Tengku Maimun Tuan Mat, Mary Lim & Hasnah Mohammed
Hashim JJCA) [2019] 3 ILR 215
Employment – Injury of employee – Claim for compensation – Employees
suffered severe injuries from fire and explosion at factory – Employees
instituted action against employers for damages – Whether employees'
claim barred under s. 31 of Employees' Social Security Act 1969 – Whether employees had already applied and received compensation from
Social Security Organisation of Malaysia (SOCSO) – Whether employees'
injuries came within definition of employment injuries – Whether double
recovery allowed
Palmamide Sdn Bhd & Anor v. Rajendiran Manickam & Anor
(SM Komathy Suppiah J) [2019] 3 ILR 209
NON-COMPLIANCE
Collective Agreement – Articles in the CA in relation to hours of work,
overtime payment and public holiday payment – Whether the
complainants had succeeded in establishing non-compliance by the
respondents to those articles – Factors to consider – Evidence adduced – Effect of – Whether there had been non-compliance by the respondents to
the articles in the CA
Rajasekar K Suppiah & Ors v. Malaysian Airline System Berhad & Anor
(Noor Ruwena Mohd Nurdin) [2019] 3 ILR 366
TRADE DISPUTE
Collective Agreement – Terms and conditions of service – Article on
duration and termination of agreement – Determination of the duration of
the CA and its termination notice – Factors to consider – Effect of – Industrial Relations Act, 1967 s. 30(7)
Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja
Hotel, Bar Dan Restoran, Semenanjung Malaysia
(P Iruthayaraj D Pappusamy) [2019] 3 ILR 288
Collective Agreement – Terms and conditions of service – Article on
salary structure and annual increment – Annual increment – Whether the
hotel's proposal ought to be adopted – Factors to consider – Effect of
Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja
Hotel, Bar Dan Restoran, Semenanjung Malaysia
(P Iruthayaraj D Pappusamy) [2019] 3 ILR 288
Collective Agreement – Terms and conditions of service – Article on
salary structure and annual increment – Appendix B on salary scale and
structure – Whether the hotel's proposal ought to be adopted – Factors to
consider – Effect of
Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja
Hotel, Bar Dan Restoran, Semenanjung Malaysia
(P Iruthayaraj D Pappusamy) [2019] 3 ILR 288
Collective Agreement – Terms and conditions of service – Article on
salary structure and annual increment – Immediate increment – Determination on what percentage would be fair and equitable to adopt – Factors to consider – Effect of – Industrial Relations Act, 1967 s. 30(5)
Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja
Hotel, Bar Dan Restoran, Semenanjung Malaysia
(P Iruthayaraj D Pappusamy) [2019] 3 ILR 288
Collective Agreement – Terms and conditions of service – Article on
service charge – Whether the hotel's proposal to use part of the service
charge to make up the minimum wage ought to be adopted – Factors to
consider – Effect of
Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja
Hotel, Bar Dan Restoran, Semenanjung Malaysia
(P Iruthayaraj D Pappusamy) [2019] 3 ILR 288
Collective Agreement – Terms and conditions of service – Whether the
article on salary adjustment ought to be allowed – Factors to consider – Evidence adduced – Effect of – 1st CA executed between the parties – Effect of
Kesatuan Kebangsaan Pekerja Perusahaan Petroleum Dan Kimia Semenanjung
Malaysia v. BASF (Malaysia) Sdn Bhd
(Sumathi Murugiah) [2019] 3 ILR 394
VARIATION ORDER
Award – Whether the applicant's application to vary the Award ought to
be allowed – Factors to consider – Effect of – Whether the Award had
contained any ambiguity or uncertainty to its terms, that had justified a
variation of it – Whether the IC by handing down the Award, had been
rendered functus officio – Industrial Relations Act 1967, ss. 30(5) & 33(2)
Rajakumar Kuppusamy v. One World Hotel Sdn Bhd
(Paramalingam J Doraisamy) [2019] 3 ILR 275
INDEKS PERKARA
MAHKAMAH PERUSAHAAN
Bidang kuasa – Sama ada keputusan mahkamah berkenaan artikel-artikel
25, 41 dan 42 untuk Perjanjian Kolektif ke-8 menghalangnya dari
mendengar pertikaian perdagangan ini – Sama ada mahkamah adalah
functus officio ke atas artikel-artikel tersebut – Faktor-faktor yang harus
diambil kira – Kesannya
Kesatuan Kebangsaan Pekerja-pekerja Syarikat-syarikat Pembuat Keluaran
Getah lwn. Rubberex (M) Sdn Berhad
(Rasidah Chik) [2019] 3 ILR 230
Prosedur – Tindakan – Sama ada isu estoppel dan res judicata terpakai
dalam kes ini – Faktor-faktor yang harus diambil kira – Kesannya
Kesatuan Kebangsaan Pekerja-pekerja Syarikat-syarikat Pembuat Keluaran
Getah lwn. Rubberex (M) Sdn Berhad
(Rasidah Chik) [2019] 3 ILR 230
PERTIKAIAN PERDAGANGAN
Perjanjian Kolektif – Terma dan syarat – Artikel-artikel berkenaan
medical benefits, salary conversion/implementation, retirement age and
retirement benefits dan annual bonus – Sama ada permohonan kesatuan
bagi artikel-artikel tersebut harus dibenarkan – Faktor-faktor yang harus
diambil kira – Keterangan yang dikemukakan – Kesannya
Kesatuan Kebangsaan Pekerja-pekerja Syarikat-syarikat Pembuat Keluaran
Getah lwn. Rubberex (M) Sdn Berhad
(Rasidah Chik) [2019] 3 ILR 230
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