WHAT IS INSUBORDINATION? Laws v. London Chronicle [Indicator Newspapers] Ltd [1959] 2 All ER 285 It is, no doubt, therefore, generally true that willful disobedience of an order will justify summary dismissal since wilful disobedience of a lawful and reasonable order shows a disregard – a complete disregard – of a condition essential to the …

MURALI THARAN NAIR A/L G.NARAYANA NAIR V HLMG MANAGEMENT CO SDN BHD  AWARD NO 276 OF 2020 FACTS  The Claimant was informed that the Group Human Resources would be undergoing restructuring and that the Claimant’s position would not exist, rendering him redundant. The Claimant was offered a Mutual Separation Package (MSP) of 5 months of …

Pekerja yang diberhentikan adalah layak kepada faedah- faedah penamatan kerja minimum sekiranya mereka dilindungi di bawah Akta Kerja 1955 atau Akta Perhubungan Perusahaan 1967 atau Perjanjian Bersama.  Akta Kerja 1955 / Ordinan Buruh (Sabah Bab 67) / Ordinan Buruh (Sarawak Bab 76) Pekerja yang dilindungi di bawah Akta Kerja 1955 atau Ordinan Buruh (Sabah Bab …

LANGKAH YANG HARUS DIAMBIL OLEH MAJIKAN UNTUK MENGELAKKAN PEMBERHENTIAN PEKERJA TATACARA KEHARMONIAN PERUSAHAAN Membekukan pengambilan pekerja baru kecuali bagi bidang-bidang yang kritikal; Menghadkan kerja lebih masa; Menghadkan kerja pada hari rehat mingguan dan cuti am; Mengurangkan hari-hari bekerja dalam seminggu atau mengurangkan bilangan kerja giliran; Mengurangkan waktu kerja harian; Mengadakan program latihan semula kepada pekerja; …

SYED NAHARUDDIN BIN SYED HASHIM V ETIQA TAKAFUL BERHAD  (AWARD NO:3143 OF 2018) FACTS  The Company received an anonymous email alleging that two officers of the Company had been operating as sexual predators and targetting girls as young as thirteen years old. It was also written in the alleged email that the Claimant using the …

TENGKU MOHD HASMADI TENGKU HASHIM V KONSORTIUM TRANSNASIONAL BERHAD(KTM) AWARD NO. 1509 OF 2019 FACTS The Claimant was the Chief Operating Officer/ Executive Director before considering himself constructively dismissed due to the appointment of the son of the Company’s Chairman/Managing Director as the Company’s Head of Group Support Services. The “restructuring” was, in fact, the …

 OOI LEE HONG V MALAYSIA AIRLINES BERHAD (AWARD NO: 1193 OF 2020) FACTS  The Claimant was assigned to operate flights with First Officer which is the key witness of this case despite the fact that COW 2 would not able to complete the fourth sector without exceeding the permissible Flying Duty Period, he was called …

Time is the most valuable commodity for everyone especially employers. It is implied that every employee is expected to be punctual and present on every working day as expressly stated in their contract of employment or letter of appointment. Theft of time occurs at work when an employee is paid for work that they have …

FACTS  The Company has arranged a more suitable position for the Claimant which required less supervision and communication after receiving negative feedback regarding the Claimant’s performance and work attitude from the Claimant’s immediate superior. The Claimant was counselled from time to time to improve his work performance as the Company continued to receive criticism regarding …

FACTS The Claimant commenced employment with the Company on 02.03.2008 as Head of Information Technology. The Claimant was unhappy with the Company’s decision to appoint him as the Head of Puchong Branch. The Claimant by letter dated 10.05.2013 sought clarification from the Company on their decision to transfer him to head the Puchong Branch and …