Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

NADIA ABDUL JAMIL v. SAMADHI RETREATS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TAN GHEE PHAIK
AWARD NO. 1587 OF 2017 [CASE NO: 13(14)/4-569/13]
1 NOVEMBER 2017


MOHD SHAFIQ HELMI SOHARI v. NEXT LOGISTICS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 1774 OF 2017 [CASE NO: 3/4-937/15]
8 DECEMBER 2017

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Article Highlight

CONSTRUCTION BUSINESS WINS UNFAIR DISMISSAL CASE AFTER FIRING WORKER WHO CHEST-BUMPED A MAN FOR STEALING HIS COWBOY HAT
AUSTRALIA
Employment
Physical altercations can be basis for immediate dismissal
A construction worker has been unsuccessful in his claim of unfair dismissal, after a Western Australian business fired him for his involvement in a fight over his cowboy hat, which was stolen while he was having a drink at the staff village of a construction site. In July 2017, Bechtel Construction Australia fired an employee who had been working as a rigger on the Wheatstone Project for serious misconduct displayed when the worker got into a fight.

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ARE UBER DRIVERS EMPLOYEES OR INDEPENDENT CONTRACTORS? FIRST AUSTRALIAN CASE POINTS TO INDEPENDENT CONTRACTORS
AUSTRALIA
Employment
Uber drivers in Victoria deemed independent contractors
In December 2017, we published an article considering how courts in the United States and the United Kingdom had treated Uber drivers – that is, whether they were considered employees or independent contractors. Since then, the Fair Work Commission (FWC) has handed down a decision that suggests that Uber drivers, at least in Victoria, might actually be independent contractors.

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Global Media Reports

MALAYSIA

MTUC: Why impose levy if foreign workers not protected?
Free Malaysia Today | 14-Feb-2018
PETALING JAYA: The Malaysian Trades Union Congress (MTUC) has slammed the government for its failure to protect foreign workers in the country, especi...

The plight of the stateless in Malaysia
Free Malaysia Today | 12-Feb-2018
By Eric Paulsen Of all the tragedies to befall the stateless community in Malaysia, perhaps the greatest one is that they are treated as little mor...

ASEAN

Adelina’s death: Strengthen protection for migrant labours — Steven Sim
Malay Mail | 12-Feb-2018
FEBRUARY 12 — The tragic death of 21-year old Indonesian domestic helper, Adelina, infuriated our nation....

Singapore’s Real Estate ITM aims to transform Facilities Management and property transactions
OpenGov Asia | 09-Feb-2018
The Singapore Government launched its Real Estate Industry Transformation Map (ITM [1]) on February 8. This is the third ITM under the Built Environme...

WORLD

2014 Myanmar Population and Housing Census - Policy Brief on Children and Youth
ReliefWeb | 14-Feb-2018
Being important to today’s development of society as well as being the hope and future of a country, children and youth deserve a good start in life t...

Georgian trade unions collect signatures in an effort to amend labour legislation
JAMnews (blog) | 14-Feb-2018
The Georgian Trade Union Confederation (GTUC) has started collecting signatures under a petition titled ‘Make Work Safer!’ ...

See all previous Global Media Reports

New! LLB Bulletin #02/2018