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LATEST CASES (ILR Issue 2 of 2023) |
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SUBJECT INDEX LABOUR LAW Deductions – Salary – Charges of misconduct against claimant/employee – Issuance of unauthorised credit advancement to customer – Frequent
absenteeism and failure to observe hours of duty as per employment contract – Employee demoted and salary adjusted following finding of guilt of
misconduct – Whether employer had right to demote or downgrade
employee – Whether breach of employment contract Dismissal – Constructive dismissal – Allegation of – Charges of misconduct
against claimant/employee – Issuance of unauthorised credit advancement to
customer – Frequent absenteeism and failure to observe hours of duty as per
employment contract – Employee demoted and salary adjusted following
finding of guilt of misconduct – Whether employee constructively dismissed – Whether dismissal with just cause or excuse Dismissal – Constructive dismissal – Allegations of – Employee/claimant
issued with warning letters – Allegations that claimant had committed fraud – Unreasonable petrol claims and negligence towards company by giving
customer bad image of company – Whether there was constructive dismissal – Whether company committed fundamental breach of essential terms of
employment contract – Whether claimant placed company on sufficient
notice period to give time to company to remedy defect Dismissal – Constructive dismissal – Claimant/employee dismissed from
employment on grounds of serious misconduct – Claim for reinstatement to
former position without any loss of wages, allowances, privileges and any
other benefits – Whether employee discharged duty to employer – Whether
charges proven – Whether charges properly framed – Whether dismissal was
with just cause or excuse – Whether reinstatement to former position
appropriate Dismissal – Dismissal without just cause or excuse – Allegations of – Claimant involved in tender process committee of housing development
project – Discovery that claimant employed by company that submitted
tender – Whether claimant had placed himself in position of conflict with
interests of company – Whether directly/indirectly involved or had interest
in dealings or activities of enterprise/business without approval from
company – Whether claimant failed to disclose contractual or noncontractual
interests – Claimant found guilty of misconduct – Claimant’s
service with company terminated – Whether dismissal done in good faith – Whether company had engaged in unfair labour practices Dismissal – Retirement – Company issued letter of retirement to claimant – Employee/claimant 62 years and nine months during issuance of letter – Claimant did not object to letter – Whether claimant, who had surpassed
statutory minimum age of 60, could be retired by company – Whether
claimant’s contract of employment prescribed retirement clause – Whether
claimant’s termination by way of retirement made with just cause and excuse – Whether claimant eligible to be reinstated to his former position in
company – Whether compensation in lieu of reinstatement and backwages
could be awarded to claimant if reinstatement could not be ordered – Minimum Retirement Age Act 2012, s. 4(1) Dismissal – Termination of service – Claimant/employee appointed by way
of contract – Non-renewal of employment contract – Whether employment
contract genuine fixed-term contract – Whether employment on permanent
basis – Whether issue of dismissal arose – Whether non-renewal of
employment contract carried out in accordance with fair labour practice Employment – Employment contract – Non-payment of salary and other
statutory contributions – Whether fundamental breach of employment
contract – Whether claimant/employee constructively dismissed – Claim for
balance wages under contract – Whether employee constructively dismissed – Whether dismissal with just cause and excuse Employment – Probation – Termination – Claimant placed under probation
for three months – Claimant’s employment with company terminated in less
than one month – Allegations of poor work performance and display of
erratic and unfriendly behaviour – Whether valid grounds for termination – Whether there was dismissal – Whether dismissal with just cause or exercise Employment contract – Termination of service – Claimant/employee
appointed by way of contract – Non-renewal of employment contract – Whether employment contract genuine fixed-term contract – Whether nonrenewal
of employment contract carried out in accordance with fair labour
practice INDEKS PERKARA UNDANG-UNDANG BURUH Pemberhentian kerja – Pengurangan pekerja – Pihak menuntut bekerja
sebagai disc jockey (DJ) di kelab hiburan – Penutupan kelab hiburan semasa
Perintah Kawalan Pergerakan susulan pandemik COVID-19 – Kemerosotan
ekonomi – Dalihan bahawa fungsi pihak menuntut tidak diperlukan – Sama
ada pihak menuntut pekerja lebihan – Sama ada pemberhentian kerja pihak
menuntut atas sebab atau alasan adil Penamatan perkhidmatan – Tuntutan – Penularan pandemik COVID-19 – Syarikat membuat perubahan pada struktur organisasi dengan mengurangkan
tenaga kerja – Perkhidmatan pihak menuntut ditamatkan atas faktor lebihan
pekerja – Sama ada pihak menuntut diberi makluman awal tentang tindakan
syarikat – Sama ada pihak menuntut dipaksa menandatangani surat
penamatan perkhidmatan – Sama ada pihak menuntut menandatangani surat
penamatan perkhidmatan secara sukarela – Sama ada penamatan kerja pihak
menuntut dibuat dengan sebab atau alasan adil |
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