EMPLOYERS, ARE YOU FACING ANY HUMAN RESOURCE (HR) RELATED ISSUES WITH YOUR EMPLOYEES IN THE WORKPLACE?

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 …

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 …