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OVERVIEW

INDUSTRIAL STATISTICS

118,402 Case Management
17,876 COLLECTIVE ARRANGEMENTS
22,672 HEARING SCHEDULE

HOW IT WORKS

Example: Habitual Late Coming

OUR BLOGS

FAVOURTISM A HEFTY PRICE PAID

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 …

INSUFFICIENT INVESTIGATION LEAD TO UNFAIR DISMISSAL

 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 …

Theft of Time

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 …

CHOO YIK KIAN @ CHU YIK KIAN V KITACON SENDIRIAN BERHAD (AWARD NO: 1918 OF 2019)

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 …

YEE SENG JOO v. PM SECURITIES SDN BHD [2017] 2 LNS 1511

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 …

Quantum of termination benefits

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 on Retrenchment

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 …

DISMISSED DUE TO WEIGHT

 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 …

UNDERSTANDING THE VOLUNTARY SEPARATION SCHEME

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 …

SHAHARUDDIN BIN ZAINUDDIN V BANK PEMBANGUNAN MALAYSIA BERHAD (AWARD NO: 1249 OF 2020)

FACTS The Claimant qualified as a Certified Chartered Accountant in 1995 and is a person with extensive work experience in the financial industry. The Claimant was appointed the P/GCEO of the Bank for a fixed-term contract of 3 years effective. Based on anonymous letters and complaints an investigation was carried out against the Claimant and …

OUR INDUSTRIAL RELATIONS CONSULTANTS AND HR EXPERTS IN MALAYSIA

YK LAI

Managing Director | Senior Human Resource Business Partner | Consultant | Coach

KAREN SIM

Human Resource Business Partner (Payroll and Compensation & Benefits) | Account Manager of Kakitangan.com

SERENE YAP

Human Resource Consultant | Master Trainer (HRDF Certified)

CHLOE YING

Industrial Relations Advisor | Legal Case Analyst

HANIS ALIAA BINTI ABD HADI

Human Resource Business Partner (Learning and Development)

MARINA NDJOZE

Human Resource Business Partner (HR and People Engagement)

“A firm grasp of Industrial Relations Law is the key for a HR Practitioner”

– Mr. YK Lai, Managing Director at IREDGE

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