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IN THIS ISSUE BULLETIN 9/2013

1. Latest Highlights
    - Case Highlights
    - ILR Issue 8 of 2013
2. Maimunah's Column
3. Media Info

Speakers : Maimunah Aminuddin
                    Jasmin Peters
Date : 10 October 2013
Time : 9.00am - 5.30pm
Venue : Concorde Hotel, KL
 
 
 
LATEST HIGHLIGHTS
  CASE HIGHLIGHT
 

MOHD ALIAS MANDEH SHAH v. MODULAR CORP (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 1097 OF 2013 [CASE NO: 12/4-2102/06]
19 JUNE 2013

DISMISSAL: Misconduct - Whether the claimant's letters to the company and subsequently to the Securities Commission had been an attempt by him to slander and blackmail the company into settling his false claim - Evidence adduced - Evaluation of

DISMISSAL: Notice of termination - Termination simpliciter - What it constituted - Whether valid in view of s 20 of the Industrial Relations Act 1967 - Whether the company had dismissed the claimant on this basis - Factors to consider - Industrial Relations Act 1967, s. 20

DISMISSAL: Performance - Unsatisfactory performance - Whether proven by the company - Evidence adduced - Evaluation of - Effect of - Conduct of the company towards the claimant - Effect of - Whether the company's actions had been reasonable under the circumstances - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)

INDUSTRIAL COURT: Procedure - Action - Claimant bringing an action against the company for the Said Shares in the High Court - Judgement pronounced - Whether the matter could be re-adjudicated before the Industrial Court - Whether the principles of res judicata had applied to proceedings before the Industrial Court - Factors to consider

  Read More...
  LATEST CASES (ILR Issue 8 of 2013)
 
Award Parties Citation Links
  Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor [Civil Appeal No: W-01-735-2010] [2013] 3 ILR 233 cljlaw
labourlaw
  Hasni Hassan & Ors v. Menteri Sumber Manusia & Anor [Civil Appeal No: W-01-397-2010] [2013] 3 ILR 239 cljlaw
labourlaw
  Ng Chuan Hock v. Tan Sri Musa Dato Hj Hassan & Ors [Civil Appeal No: W-01-119-11-2011] [2013] 3 ILR 255 cljlaw
labourlaw
718/2013 Yiek Mei Yoon v. Kingsmen - KEB Systems Sdn Bhd [Case No: 2(6)(11)/4-443/07] [2013] 3 ILR 264 cljlaw
labourlaw
763/2013 Parawakaran Subramaniam & Ors v. Europlus Corporation Sdn Bhd [Case No: 14/4-200/10] [2013] 3 ILR 276 cljlaw
labourlaw
853/2013 Gerald Blaise Ryan v. See Hua Marketing (Sabah) Sdn Bhd [Case No: 17/4-317/10] [2013] 3 ILR 307 cljlaw
labourlaw
1006/2013 Kesatuan Pekerja-Pekerja Perkilangan Perusahaan Makanan v. Ajinomoto (Malaysia) Berhad [Case No: 1/3-470/11] [2013] 3 ILR 322 cljlaw
labourlaw
1063/2013 Kesatuan Pekerja-Pekerja Exxonmobil Exploration And Production Malaysia Inc v. Exxonmobil Exploration And Production Malaysia Inc [Case No: 1/3-770/12] [2013] 3 ILR 348 cljlaw
labourlaw
1064/2013 Kesatuan Pekerja-Pekerja Exxonmobil Exploration And Production Malaysia Inc v. Exxonmobil Exploration And Production Malaysia Inc [Case No: 1/3-771/12] [2013] 3 ILR 360 cljlaw
labourlaw
1065/2013 Selvadurai Sinnappo v. Sekolah Methodist Wesley [Case No: 2/4-831/10] [2013] 3 ILR 369 cljlaw
labourlaw
1097/2013 Mohd Alias Mandeh Shah v. Modular Corp (M) Sdn Bhd [Case No: 12/4-2102/06] [2013] 3 ILR 384 cljlaw
labourlaw
1103/2013 How Boon Ngan v. IGC Industrial Galvanizers Corporation (M) Sdn Bhd [Case No: 11/4-1269/07] [2013] 3 ILR 405 cljlaw
labourlaw
1124/2013 Perumal Govindasamy v. Enkei (Malaysia) Sdn Bhd [Case No: 25(22)/4-281/09] [2013] 3 ILR 408 cljlaw
labourlaw
1127/2013 Azlan Bakir v. Pacific Regency Hotel Suites & Anor [Case No: 2/4-830/10] [2013] 3 ILR 446 cljlaw
labourlaw
1171/2013 Sanjeet Singh Jarnail Singh v. Pin-Wee Food Industries (KL) Sdn Bhd [Case No: 19(6)/4-1003/07] [2013] 3 ILR 458 cljlaw
labourlaw
  To Subject Index
MAIMUNAH'S COLUMN
 

PREVENTING AND ERADICATING WORKPLACE MISCONDUCT

Preventing or eradicating workplace misconduct is every human resource practitioner’s dream. Is it possible? Is it a realistic objective? I doubt it. Every society throughout history has included misfits who prefer to deviate from the norms of accepted behaviour. Perhaps, however, misconduct can be substantially reduced with some effort from managers working together with the human resource experts in their respective organisations. It is curious that human resource practitioners are trained how to manage the disciplinary process. They learn to distinguish minor from major misconduct; they develop skills in investigating serious acts of misconduct and they attend training courses so that they can organise a domestic inquiry. But where are the learning events on preventing and eradicating misconduct? Is it understood that this being an impossible task, there is nothing to learn?

  Read More...
 
MEDIA INFO
  Articles
Workplace vampires (The Star)

Tommy, a talented software developer is usually a confident and self-composed employee. However, after a catch up meeting with the chief financial officer (CFO), he was visibly shaken and upset.

Business/Management Skills
How to start a home design business (New Straits Times)

A home interior consultant accepts projects to make the interiors of homes and businesses more beautiful, without sacrificing functionality.

Corporate Events/Training/Education
Coaching camp 2013 (New Straits Times)

Coaching Camps are the latest and the most powerful way to learn, should organisations send their people on a group retreat to learn and play at the same time.

Criminal/Legal Reports
Perkeso dakwa 1,802 majikan pada tahun lalu (Utusan Malaysia)

Kurangnya kefahaman mengenai Akta Keselamatan Sosial Pekerja 1969 didapati menjadi faktor utama banyak majikan masih gagal membuat caruman serta mendaftarkan pekerja mereka dengan pertubuhan Keselamatan Sosial (Perkeso)

Forum
Civil servants can contribute to EPF (The Star)

We refer to the letter "Let civil servants enjoy EPF as well" (The Star, Sept 19). We would like to inform the writer that public sector employees who opt for the Government's pension scheme can still contribute to the EPF voluntarily.

Human Resource
Temu duga: Menonjolkan personaliti calon (Berita Harian)

Beberapa perkara perlu diberi perhatian sewaktu menghadiri temu duga membabitkan emosi, pemikiran dan perlakuan calon. Ini termasuk ketenangan diri, sikap, penampilan, cara duduk, kemahiran komunikasi, cara menjawab soalan serta hubungan mata.

Reports
Legalisation drive for Indonesian (New Straits Times)

About half a million illegal Indonesian workers in the country will be legalised by year-end. Home Minister Datuk Seri Ahmad Zahid Hamidi said a mass registration exercise would be carried out over three months, beginning Oct 15.

Service
A strange service culture (The Star)

We can get frustrated at those working in the service industry who seem inadequate when it comes to speaking to customers - to joke, banter, or provide information - but the root of the problem is not about being incapable - they have to unlearn before they can re-learn.

Stress Management
Don't let stress get the better of you (The Star)

Whatever life may throw at you, take it easy and don't let stress get the better of you. Stress happens to everyone every day.

Tips
Green workplace (New Straits Times)

Making the environment more pleasant for yourself, more energy efficient, and more eco-friendly will increase your enjoyment of the workplace and lessen its impact on the environment as a whole.

Working Smart
Finding more time from your busy schedule (New Straits Times)

"I feel like I'm always rushing, always stressed, and still don't have enough time for the things in life that are most important to me. This stresses me out a lot. What can I do?"

View Other Media Info...

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