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CASE HIGHLIGHTS |
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POOSAI PANDIAN GUNASEKARAN & ORS v. AJN ENERGY (M) SDN BHD Abstract – The Director General of Labour's exercise of discretion to inquire into a dispute on matters such as the non-payment of wages need not be premised on a complaint being made but rather on whether the dispute on wages has been resolved by way of a settlement or payment and hence, even if there is a withdrawal of the complaint, the Director General of Labour may still proceed with his inquiry and make the necessary order. CONTRACT: Employment contract – Wages – Non-payment by employer – Whether presiding officer right in deciding employer had duty to pay wages to employees LABOUR LAW: Jurisdiction – Director General of Labour – Employees Indian nationals – Non-payment of wages by employer – Several employees expressed wish to return to home country expeditiously and forego complaints – Presiding officer proceeded to inquire on complaints and ordered employer to pay unpaid wages to employees – Whether presiding officer seized with jurisdiction and power to further investigate and decide on complaints despite withdrawal of complaints by several employees – Employment Act 1955, s. 69
PAPER AND PAPER PRODUCTS MANUFACTURING EMPLOYEES' UNION v. SIANGPACK SDN BHD Abstract – (i) There should be a reasonable time for parties to work out and implement the terms of a collective agreement; (ii) In determining arrears to be paid, the financial position of a company may be considered and this includes the administrative difficulties in computing the various allowances and benefits both monetary and otherwise; and (iii) In considering a salary revision, factors to be considered include wages and salaries prevailing in comparable establishment, rise in the cost of living since the wages or salaries were last revised and the financial capacity of the company to pay the higher wages or increases. TRADE DISPUTE: Collective agreement – Terms and conditions – Articles – Dispute on articles pertaining to duration and termination of collective agreement, meal allowance and salary revision – Proposals ought to be accepted – Factors considered – Industrial Relations Act 1967, s. 14(2)(b) |
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LATEST CASES (ILR Issue 4 of 2023) |
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JUDICIAL QUOTES |
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“Hence, it can be said that incidents of misconduct are subjective in nature and very much depend on the working environment of each company. There is no steadfast rule to say that what amounts to a misconduct in a company would tantamount to a misconduct in another company. The test is on the employer to show that the gravity of the said misconduct would disrupt the smooth operation of the company. Hence, terminating an employee on the ground of misconduct requires diligence from the company.” - Per Azwarnida Affandi Chairman in Lai Mook Keow v. Innovalues Precision Sdn Bhd [2023] 2 ILR 110 (Award No. 527 of 2023). |
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ARTICLE HIGHLIGHTS |
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ALMOST 13,000 CONTRACT DOCTORS TO BE GIVEN PERMANENT POSITIONS WITHIN THREE YEARS, SAYS PM CAFE THAT HIRES 11-YEAR-OLDS SPARKS CRITICISM AMID PUSH FOR MINIMUM AGE FOR AUSTRALIAN WORKERS |
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