Archive

RIGHT OF REORGANIZATION: INDUSTRIAL RELATION PERSPECTIVE

"Redundancy refers to a surplus of labour and is normally the result of reorganization of the business of an employer, and its usual consequence is retrenchment, i.e., the termination by the employer of those employees found to be surplus to his requirements after the reorganization. Thus, there must first be redundancy or surplus of labour before there

Read More

EMPLOYEE’S POOR PERFORMANCE: INDUSTRIAL RELATION LAW PERSPECTIVE

Every employer when engaging any employee places their trust and confidence that employees hired are competent enough to be able to perform their duties as required in their respective job description. It is not only a fair expectation when employers remunerate employees for their employment. Lord Denning MR in Alidair Ltd v. Taylor ICR 445 at page

Read More

THE LAW ON CONSTRUCTIVE DISMISSAL IN MALAYSIA

To explain what constructive dismissal is, there can be no better reference than to the decision of Ang Beng Teik v. Pan Global Textile Bhd, Penang 4 CLJ 313There is no magic in the expression 'constructive dismissal'. It is only a convenient label to describe the kind of conduct of an employer towards an employee which, though short of a formal dismissal

Read More

Human Resource TOP 5 Movement Control Order (MCO) Questions

The impact of the Movement Control Order has brought challenges which cannot have bee foreseen by any Human Resource Officer. Human Resource Officer is not only answerable to their respective superiors and the company at large but also is the face of the company in dealing with its workforce. These are the Top 5 Question faced by Human Resource Office with

Read More

FORCED PAY-CUT: IS IT LEGALLY COMPLIANT?

The recent Co-Vid 19 Pandemic and Movement Control Order imposed by the government have placed most companies under immense financial strain. Companies naturally have to implement cost cutting measure and some companies have resorted to imposing forced pay-cut. Now the question is whether are companies allowed to impose forced pay-cut? Forced pay-cut is

Read More

REDUNDANCY, REORGANIZATION, DOWNSIZING, LAY-OFF AND TEMPORARY LAY-OFF: PRACTICAL CONSIDERATION FOR HUMAN RESOURCE MANAGERS

Employers and their Human Resource Managers that have to undertake any exercise which involves reduction of workforce who may involve colleagues of their own dread when such instruction are issued but these practical consideration are aimed at assisting discharging their duties fairly and in accordance with the law.COMPANY’S RIGHT:Company always has the

Read More

IGNORANCE IS NOT AN EXCUSE!

We'll talk about this word today ~ IGNORANCE. The definition according to Cambridge Dictionary, is not having enough knowledge, understanding, or information about something. However, the Claimant's other defence is that of ignorance. According to the Claimant, he was not aware that a valid driving license is needed in order to drive the

Read More