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Dear Readers,
About 200 people attended the recent Talk on "Security of Tenure in Employment: Is the Concept Changing?" organised by The International Society for Labour and Social Security Laws (ISLSSL) held at MAHSA University College on 22 July 2011. The event was sponsored by CLJLaw. An eloquent speaker, Y.A. Datuk Seri Gopal Sri Ram, easily captured the attention of the crowd, who were a mix of legal practitioners, HR and labour industry people, academics, students and the general public.
The topic was particularly relevant because of the increasing trend for employers to engage workmen on fixed term contracts.
The issue is whether such contracts have the effect in law of depriving a workman of security of tenure?
Click into our LabourLaw blog and let us know what you think.
As always, we wish you a pleasant and productive day.
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CASE HIGHLIGHT SUGUNASEGARI P S SUPPIAH v. SAP MALAYSIA SDN BHDINDUSTRIAL COURT, KUALA LUMPUR FRANKLIN GOONTING AWARD NO. 485 OF 2011 [CASE NO: 3/4-2904/06] 12 APRIL 2011 DISMISSAL: Attendance - Lateness - Claimant coming late to work - Claimant failing to inform the respondent company of her whereabouts - Reasons given by the claimant for the same - Effect of - Whether the charges had been proven against her - Evidence adduced by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) DISMISSAL: Breach of company policy - Claimant failing to follow company policy of commencing work only after receiving a signed work order - Whether she had been aware of such a policy - Effect of - Evidence adduced by the company - Whether the charges had been proven by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) DISMISSAL: Misconduct - Claimant pulling out of doing a presentation at the last minute - Whether the claimant had shown an unprofessional and irresponsible attitude towards her work - Evidence adduced by the company - Effect of - Whether the charges had been proven by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) DISMISSAL: Poor performance - Whether the claimant’s performance had been lacking - Evidence adduced by the respondent company - Whether the respondent company had discharged its burden of proving misconduct - Whether the charges had been proven by the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) DISMISSAL: Notice of termination - Whether the Court could look into another reason for the termination other than that stated in the respondent company’s termination letter - Proposition of law arrived at in Goon Kwee Phoy’s case - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) |
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LATEST CASES (ILR Issue 6 of 2011)
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UNEMPLOYMENT INSURANCE The Current Scenario of Social Security Currently, while Malaysia provides some social security benefits to its citizens, the coverage is limited. The biggest gap in the safety net provided by the social security and other employment legislation is unemployment benefit. To ensure private sector workers and their families have income in their old age, post-retirement, we have the Employees Provident Fund Act. When an employee contracts a work-related disease or is involved in a work-related accident, including a commuting accident, compensation and assistance is made available to him by the Employees Social Security Organisation (SOCSO). If a female employee gives birth, she will be paid her wages by her employer if she is within the scope of the Employment Act. This benefit is likely to be extended to all female employees soon. If an employee falls ill, he or she will be entitled to paid sick leave, again if the employee is protected under the Employment Act. Most employers, in fact, provide paid maternity leave and paid sick leave to all employees, even where they are not obliged to do so by law. |
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