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IN THIS ISSUE BULLETIN 03/2018
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

J MATHEW MIRANDA v. BAHTERA GLOKAL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
AWARD NO. 1 OF 2018 [CASE NO: 12/4-115/16]
2 JANUARY 2018

CONTRACT OF EMPLOYMENT: Existence of – Whether there had existed a contract of employment between the parties – Factors to consider – Evidence adduced – Effect of – Whether the claimant had been an employee of the company – Whether he had been dismissed by the company – Whether dismissal without just cause and excuse

EVIDENCE: Documentary evidence – Whether the claimant had been a workman within the definition of s. 2 of the Industrial Relations Act – Claimant paid consultation fees – Whether consultation fees had been reflective of monthly salaries – Factors to consider – Effect of

EVIDENCE: Documentary evidence – Whether the claimant had been a workman within the definition of s. 2 of the Industrial Relations Act – Factors to consider – Evidence adduced – Effect of – Whether he had been hired by the company under a contract for service or a contract of service – Industrial Relations Act 1967, s. 2

INDUSTRIAL COURT: Jurisdiction – Claimant not a workman under the Industrial Relations Act – Whether the Industrial Court had the jurisdiction to hear his claim for outstanding consultation fees and expenses incurred – Factors to consider – Where his remedy lay

KHOO KIM LOANG v. KIM SIAH ELECTRIC CO SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TAN GHEE PHAIK
AWARD NO. 137 OF 2018 [CASE NO: 13/4-1653/16]
12 JANUARY 2018

DISMISSAL: Misconduct – Claimant submitting a false CV – Whether it had been a serious misconduct – Factors to consider – Whether it had justified his dismissal

DISMISSAL: Misconduct – Whether the claimant had submitted a false CV to secure the job in the respondent company – Factors to consider – Evidence adduced – Effect of – Whether the respondent company could still repose trust and confidence in him – Whether it had justified his immediate dismissal

DOMESTIC INQUIRY: Absence of – Whether it had been necessary to hold one before dismissing the claimant – Factors to consider – Effect of

LATEST CASES (ILR Issue 2 of 2018)
Award Parties Citation Links
National Union Of Hotel, Bar & Restaurant Workers Peninsular Malaysia & Anor v. Mahsyur Mutiara Sdn Bhd (Sheraton Langkawi Beach Resort)
[Civil Appeal No: W-01(A)-272-07-2016]
[2018] 1 ILR 241 cljlaw
labourlaw
1/2018 J Mathew Miranda v. Bahtera Glokal Sdn Bhd
[Case No: 12/4-115/16]
[2018] 1 ILR 253 cljlaw
labourlaw
8/2018 Tan Ah Gek v. Maritime Intelligence Sdn Bhd
[Case No: 16/4-157/16]
[2018] 1 ILR 283 cljlaw
labourlaw
51/2018 Khoo Kim Loang v. Shock Media Studio Sdn Bhd
[Case No: 13/4-910/16]
[2018] 1 ILR 320 cljlaw
labourlaw
97/2018 Abdul Azim Hamudin v. Pulai Springs Resort Berhad
[Case No: 16/4-1218/16]
[2018] 1 ILR 346 cljlaw
labourlaw
119/2018 John Brian Chesson v. Baker Hughes (Malaysia) Sdn Bhd
[Case No: 7/4-417/14]
[2018] 1 ILR 357 cljlaw
labourlaw
137/2018 Khoo Kim Loang v. Kim Siah Electric Co Sdn Bhd
[Case No: 13/4-1653/16]
[2018] 1 ILR 369 cljlaw
labourlaw
147/2018 Syahrizal Salam @ Mansor v. Desaru Damai Beach Resort Sdn Bhd
[Case No: 16/4-1188/16]
[2018] 1 ILR 381 cljlaw
labourlaw
171/2018 Ahmad Mohd Khairuddin v. Global Knowledge Network (M) Sdn Bhd
[Case No: 2(25)/4-613/14]
[2018] 1 ILR 392 cljlaw
labourlaw
234/2018 Anizah Abdull Wahab v. Panalpina Transport (M) Sdn Bhd
[Case No: 3/4-563/16]
[2018] 1 ILR 402 cljlaw
labourlaw
281/2018 Nor Iskandar Naini Hanifah lwn. Small Medium Enterprise Development Bank Malaysia Berhad
[No. Kes: 5(7)/4-222/16]
[2018] 1 ILR 413 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

A NEW DEFINITION OF ‘WORKER’ COULD PROTECT MANY FROM EXPLOITATION
AUSTRALIA

New category of worker may protect more people in total but at a lower minimum standard
If we want gig workers (such as Uber drivers, Airtasker cleaners and delivery riders) to have decent working conditions, pay and hours, it may be time to consider creating a new legal category of “worker” that covers contractors as well as employees. Gig workers and workers in other precarious fields would be entitled to minimum pay rates and conditions even if they were not classified as employees of the platforms they work for.

Read More

‘WHERE IS MY PAYOUT, F**GOT?’: SACKED COLES WORKER’S FOUL-MOUTHED TEXT MESSAGE RANTS
AUSTRALIA

Bipolar disorder 'not mitigating factor' in dismissal of foul-mouthed worker
A FOUL-MOUTHED Coles employee sacked for abusing co-workers as “retards” and “f**gots” has lost a bid for unfair dismissal after the Fair Work Commission found his bipolar disorder was “not a mitigating factor”. Ridwan Ridwan was sacked from the Glenferrie Coles in Victoria in August last year for inappropriate behaviour including swearing, yelling, using racial slurs and behaving in an aggressive manner towards fellow team members.

Read More

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