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LATEST CASES (ILR Issue 4 of 2025) |
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SUBJECT INDEX BANKING Bank and banking business – Policy – Sexual harassment – Bank's policy
on sexual harassment in workplace CONTRACT Employment contract – Breach – Constructive dismissal – Mutual
separation agreement ('MSA') – Employer and employee allegedly discussed
on MSA – Whether there was agreement concluded – Whether there was
unilateral and arbitrary act of imposing MSA on employee – Whether
amounted to fundamental breach of employment contract – Whether there
was constructive dismissal – Whether employee entitled to repudiate
employment contract COURTS Industrial Court – Jurisdiction – Claim for constructive dismissal –
Employer international organisation established by international agreement
– Whether employer enjoyed privileges and immunity under Islamic
Financial Services Board Act 2022 – Whether Industrial Court seized with
jurisdiction to decide matter LABOUR LAW Employment – Dismissal – Absence from work – Prolonged medical leave
– Pregnant employee – Employee underwent in vitro fertilisation treatment
– Absent from work for prolonged period – Allegations that employee
treated unfairly and unkindly during pregnancy and while suffering from
pregnancy-related illness – Whether ought to be allowed to work from home
– Whether medical leave for treatment deemed as illness – Whether there
was unjustified absence – Whether employee dismissed with just cause or
excuse – Whether employer acted in good faith in considering
accommodation request by pregnant employee – Industrial Relations Act
1967, ss. 20(1), (3) & 30(5) Employment – Dismissal – Constructive dismissal – Employer paid
employee lesser basic salary than what was agreed in employment agreement
– Employer took away employee's responsibilities and sidelined job by removing important responsibilities that employee was contracted to do –
Whether there was constructive dismissal – Industrial Relations Act 1967,
ss. 20(3) & 30(5) Employment – Dismissal – Constructive dismissal – Mutual separation
agreement ('MSA') – Employer and employee allegedly discussed on MSA
– Whether there was discussion on MSA – Whether there was agreement
concluded – Whether there was unilateral and arbitrary act of imposing MSA
on employee – Whether employer's actions intended to frustrate employee
and pressure him into leaving company – Whether there was constructive
dismissal – Whether employee dismissed with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Employee dismissed due to
tardiness – Employee taking extended lunch breaks – Employee dismissed
due to starting online business without approval – Whether failure to declare
family member joining company reason for dismissal – Whether dismissed
with just cause and excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Employee terminated due to
fraudulent conduct – Employee fraudulently misrepresented to hospital
regarding company's practice on medical leave – Whether dismissal with just
cause and excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Sexual harassment – Employee
charged with five charges of misconduct – Employee found guilty and
dismissed from employment – Whether actions by employee constituted
sexual harassment – Whether normal to joke about modesty of woman –
Whether punishment of dismissal appropriate – Whether employee dismissed
with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Poor performance – Allegations by company
that employee poor performer – Whether poor performance established –
Whether company put on performance improvement plan – Whether
notified on areas that must be improved – Whether there were appraisal
reports by superior Employment – Dismissal – Poor performance and negative work attitude –
Probationer – Frequent absenteeism, non-availability and complaints by
employer's staff and clients – Probationer received oral and written
warnings, guidance and training by superiors but failed to improve –
Probationer's poor performance affecting department's productivity and
company's goals – Probationer terminated from employment – Whether
dismissal with just cause and excuse – Industrial Relations Act 1967,
ss. 20(3) & 30(5) Employment – Probation – Dismissal – Misconduct – Punctuality – Failure
to clock in and out of work punctually – Probationer dismissed from
employment and not confirmed – Whether failure to clock in and out of
work amounted to absenteeism – Whether there was warning, issuance of
show cause letter and domestic inquiry – Whether probationer dismissed
with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Probation – Dismissal – Misconduct – Poor performance –
Constant tardiness and absenteeism and attitude issues – Probationer
dismissed from employment and not confirmed – Whether there was serious
dereliction of duty – Whether there was warning, issuance of show cause
letter and domestic inquiry – Whether probationer dismissed with just cause
or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) WORDS & PHRASES Definition – 'probation' – 'A process of testing or observing character or
abilities of a person who is new to a role or a job' Definition – 'probationer' – 'Person who is serving probationary or trial
period in job or position which they are newly appointed' STATUTORY INTERPRETATION Definition – 'sexual harassment' – 'Any unwanted conduct of a sexual
nature, in any form, whether verbal, non-verbal, visual, gestural or physical,
directed at a person which is reasonably offensive or humiliating or is a threat
to his well-being' – Anti-Sexual Harassment Act 2022, s. 2 INDEKS PERKARA KONTRAK Kontrak pekerjaan – Terma dan syarat – Pelanggaran – Kontrak
perkhidmatan mengkehendaki pihak menuntut bekerja mengikut jadual yang
ditetapkan – Pihak menuntut tidak hadir bekerja pada tarikh-tarikh dan masamasa
yang ditetapkan – Sama ada terdapat pelanggaran kontrak pekerjaan
oleh majikan apabila pihak menuntut disuruh bekerja pada cuti umum dan
cuti hujung minggu – Sama ada terdapat penamatan terancang UNDANG-UNDANG BURUH Pekerjaan – Pejabat Tenaga Kerja – Aduan – Inkuiri – Rayuan – Tuntutan
pekerja-pekerja terhadap majikan untuk kerja lebih masa dan cuti tahunan –
Kegagalan perayu-perayu mengemukakan dokumen semasa inkuiri kerana
dokumen yang relevan hilang ekoran banjir – Masa minimum bekerja – Sama
ada pekerja-pekerja berjaya membuktikan mereka bekerja lebih masa – Sama
ada terdapat dokumen-dokumen yang boleh dirujuk – Sama ada keputusan
atau perintah Penolong Pengarah Tenaga Kerja tepat apabila menggunakan
peruntukan dalam Akta Keterangan 1950 dalam memutuskan aduan – Sama
ada inkuiri terikat dengan peruntukan bawah Akta Keterangan 1950 – Akta
Kerja 1955, ss. 60A(1), 60C & 60E Pekerjaan – Penamatan – Penamatan terancang – Kontrak perkhidmatan
mengkehendaki pihak menuntut bekerja mengikut jadual yang ditetapkan –
Pihak menuntut tidak hadir bekerja pada tarikh-tarikh dan masa-masa yang
ditetapkan – Pihak menuntut dan majikan memasuki memorandum
persetujuan – Pihak menuntut gagal melapor diri – Sama ada terdapat
penamatan – Sama ada terdapat penamatan konstruktif – Akta Perhubungan
Perusahaan, ss. 20(3), 26 & 30(5) |
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