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 …

ONG WAH CHONG V SHELL GLOBAL SOLUTION(MALAYSIA) SDN BHD / SARAWAK SHELL BERHAD (AWARD NO.: 1777 OF 2020) FACTS The Claimant commenced employment as Civil Engineer with Shell Solution with effect from 07.11.2005 and his last position was Senior Project Engineer and his last drawn salary was RM 32,595.00 with a fixed community allowance of …

HASHEM BIN ABDULLAH V LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY AWARD NO:1761 OF 2020 FACTS The Claimant contends that he was forced by the Company to tender resignation as a Senior Executive Human Resources as he received repeated instructions from the Human Resources Manager to tender his resignation without informing him the reason why …

MOHD ROZI BIN OTHMAN V SURIA STRATEGIC ENERGY RESOURCES SDN BHD AWARD NO 691 OF 2020 FACTS  The Company is a wholly-owned subsidiary of the MOF and was set up with the specific intent of undertaking the Multi-Product Pipeline(MPP) and the Trans-Sabah Gas Pipeline (TSGP) projects which were petrochemical and gas pipeline projects. All the …

The Human Resources Ministry has amended the Workers’ Minimum Standards of Housing and Amenities (Amendment) Act 2019 which was due to come into effect on 1 June 2020 in Peninsular Malaysia and the Federal Territory of Labuan. The date was however extended to 1 September 2020 whereby a three months grace period was provided to …

​The Human Resources Minister Datuk Seri M. Saravanan had stated that the continuous enforcement of the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446) is crucial to ensuring efforts to eradicate elements of forced labour and human trafficking in the labour industry. In conjunction with this, sixth-three (63) charges will be foisted …

It is important for the company to properly distinguishing between misconduct and underperformance especially so in the event whereby the company is likely to dismiss the employee for this reason.  Misconduct is defined in the case of Holiday Inn, Sarawak V Puan Elizabeth Lee Chai Siok [1990 2 ILR 262 as improper behaviour, intentional wrongdoing …

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 …

His lordship Gopal Sri Ram in the case of William Jacks & Co(M) Sdn Bhd V S Balasingam stated that “Retrenchment means the discharge of surplus-labour of staff by the employer for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action”  The Employment(Termination and Lay-Off Benefits) Regulations 1980 is applicable …

The Code of Conduct for Industrial Harmony is a pact made to lay down principles and guidelines to employers and workers on the practice of industrial relations for achieving greater industrial harmony. Prior to retrenchment exercise, the right approach would be for an employer to initiate a discussion with his employees’ representatives, trade union or …

 INA MELIESA BINTI HASSIM V MALAYSIA AIRLINES BERHAD (AWARD NO: 394 OF 2020) FACTS  The Claimant joined the Company as airline stewardess since 1993 and was terminated in 2017 from her position as Flight Supervisor.  In June 2015, the Claimant’s weight was found to be in excess of her BMI and was subjected to management …

A Voluntary Separation Scheme (VSS) allows the company to reduce its manpower in conjunction with the negative business conditions. This scheme allows employees to leave the Company voluntarily and in turn receive a compensation package that was agreed upon by both parties. A VSS does not lead to termination of the employment contract by the …