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IN THIS ISSUE BULLETIN 6/2011

1. Latest Highlights
  - Case Highlights
  - ILR Issue 4 of 2011
  - Latest Articles
2. Maimunah's Column
3. Media Info

Latest Publication
Promotions
Singapore Law Reports Subscription 2011
The Solution for HR & Industrial Relations Professionals
LabourLawBox (online)
Appeals From Industrial Court
The Syariah Reports
Selangor & Penang State Enactments
Latest CLJ Subscription
CLJ Bound Volume Collection
CLJ Additional Cases
Acts of Parliament
 


 
EDITOR'S NOTE

Dear Readers,

The Malaysian Current Law Journal Sdn Bhd (MCLJ) has been reporting Awards from the Industrial Court since 1980 in its monthly print journal, the Industrial Law Reports (ILR). Over the years, the number of Awards issued by the Industrial Court have gradually increased and MCLJ adopted selective reporting for the print journal to avoid reporting Awards on similar issues, while the unreported Awards were published online. As a point of reference, MCLJ has recently published an index of all unreported Awards of the Industrial Court for the year 2009 which is available to its print subscribers.

All reported and unreported Awards, which bear the Legal Network Series (LNS) citation, are accessible online in our dedicated website on labour law, www.labourlawbox.com.

For more information on labourlawbox.com, please click here.

We wish you a pleasant and productive day.

LATEST HIGHLIGHTS

CASE HIGHLIGHT

LIM SWEE YIN v. KOLEJ PTPL PENANG SDN BHD
INDUSTRIAL COURT, PENANG
RAJENDRAN NAYAGAM
AWARD NO. 10 OF 2011 [CASE NO: 18(9)/4-1391/04]

DISMISSAL: Performance - Unsatisfactory performance - Claimant’s management skills being questioned - Whether she had been warned and counseled - Effect of - Whether there had been a change in her attitude - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Performance - Unsatisfactory performance - Claimant called in for a meeting - Claimant pleading victimization and incensing her employer - Claimant summarily dismissed - Whether the employer had acted in the heat of the moment - Effect of - Whether that had been good labour practice - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

Read More...
LATEST CASES (ILR Issue 4 of 2011)
Award Parties Citation Links
  Malaysian Philharmonic Orchestra v. Arne Walter Neckelmann [Judicial Review No: R1-25-226-09] [2011] 2 ILR 1 cljlaw
labourlaw
  TNB Distribution Sdn Bhd lwn. Sugayindran Vellasamy & Anor [Semakan Kehakiman No: R2-25-206-2008] [2011] 2 ILR 18 cljlaw
labourlaw
  Vincent Pillai Leelakanda Pillai & Yang Lain lwn. JW Marriott Hotel & Yang Lain [Semakan Kehakiman No: R2-25-181-2007] [2011] 2 ILR 35 cljlaw
labourlaw
10/2011 Lim Swee Yin v. Kolej PTPL Penang Sdn Bhd [Case No: 18(9)/4-1391/04] [2011] 2 ILR 48 cljlaw
labourlaw
11/2011 Yogeswary Pillai Thambusamy v. Park Avenue Sungai Petani [Case No: 18(9)4-551/06] [2011] 2 ILR 58 cljlaw
labourlaw
68/2011 Md Ezam Md Daimon lwn. Amona Building Management Services Sdn Bhd [No. Kes: 16/4-325/07] [2011] 2 ILR 69 cljlaw
labourlaw
118/2011 Chong See Chun v. Getronics Solutions (Malaysia) Sdn Bhd [Case No: 13/4-477/2006] [2011] 2 ILR 94 cljlaw
labourlaw
204/2011 Sun Media Corporation Sdn Bhd v. Nadarajah Muniandy [Case No: 10/4-2731/04] [2011] 2 ILR 112 cljlaw
labourlaw
212/2011 Zabedah Kasim lwn. SAF One Water Dispenser Sdn Bhd [No. Kes: 13/4-382/2009] [2011] 2 ILR 133 cljlaw
labourlaw
258/2011 Kamalanathan M Sinniah lwn. Keretapi Tanah Melayu Berhad [No. Kes: 5(16)(11)/4-473/06] [2011] 2 ILR 150 cljlaw
labourlaw
261/2011 So Lai lwn. Unilever (M) Holdings Sdn Bhd [No. Kes: 16/4-125/05/s [2011] 2 ILR 174 cljlaw
labourlaw
272/2011 Teh Han Siang v. Nestle Manufacturing (Malaysia) Sdn Bhd [Case No: 23/4-1322/07] [2011] 2 ILR 197 cljlaw
labourlaw
274/2011 Chew Kim Seong v. Tan Chong Heng Construction Sdn Bhd [Case No: 24/4-1662/05] [2011] 2 ILR 214 cljlaw
labourlaw
To Subject Index...
LATEST ARTICLES
The Rights Of Litigants In Employment Dispute Resolution In Malaysia
(By Kamal Halili Hassan)
cljlaw
labourlaw
The Right Of Employees In Dismissal Cases Under The Federal Constitution
(By Prof. Dr. Kamal Halili Hassan)
cljlaw
labourlaw
Safety And Health At Work Legislation In Malaysia: Current Direction And Challenges
(By Dr Rozanah Ab Rahman)
cljlaw
labourlaw
An Analysis Of Online Dispute Resolution In Alternative Dispute Resolution
(By Norman Zakiyy Chow Jen-T'Chiang)
cljlaw
labourlaw
MAIMUNAH'S COLUMN

WIN-LOSE: EMPLOYEE CLAIMS FOR REINSTATEMENT
No one likes to lose a contest or a competition. No one wants to be on the losing side. Many employers believe that if a dismissed employee makes a claim for reinstatement under section 20 of the Industrial Relations Act, and the dispute ends up in the Industrial Court, the end result will always be a win for the employee and a loss for the employer. A careful analysis of Court Awards shows that this is a false perception. Employers do win some cases, but it is true that they lose more than they win. Some people would say that even when an employer wins, i.e. a dismissal is found by the Court to be with just cause or excuse, the employer still loses financially as he has to bear the legal expenses as well as the time costs of defending the decision to dismiss.

Read More...
MEDIA INFO

Articles
CUEPACS mesti lebih adil tuntut gaji, elaun (Berita Harian)
Sebarang usaha CUEPACS berkaitan gaji, elaun dan bonus perlulah dibuat lebih adil dan saksama supaya sistem sedia ada tidak menjadi bahan jenaka pihak lain...

Business/Management Skills
Change for the Better (The Star, Malaysia)
The first step to improve this was to create an online career-mapping tool, which employees could use to help them visualise career paths...

Human Resource
Coaching Standards (New Straits Times, Malaysia)
History was created for the Coaching Industry in Malaysia with the launch of Coaching Standards in Malaysia recently. No country in the world has done this except for Malaysia...

Reports
CUEPACS puas hati penilaian 360 darjah (Berita Harian)
Akhbar ini kelmarin melaporkan, prestasi kakitangan awam akan dinilai menggunakan konsep 360 darjah oleh pegawai atasan, rakan sejawatan dan kakitangan bawahan bagi menentukan tahap kecekapan mereka untuk pertimbangkan panel khas bagi kenaikan pangkat, pengisian jawatan kosong yang lebih tinggi serta penempatan baru...

Service
When Socialising Means Business (The Star, Malaysia)
Everyone in the company must be familiar with this strategy, as all staff can be involved in actively blogging, "tweeting" or interacting with customers in forums...

Stress Management

In Crisis Mode (The Star, Malaysia)
Losing a job can create as much emotional turmoil as losing a loved one. You may go through the different stages of loss...

Working Smart
10 Tips to a winning proposal (New Straits Times, Malaysia)
Writing a good proposal is a critical skill in many occupations, from school to business management and geology...

View Other Media Info...
 
 
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