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

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

 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 weight

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 employer. When

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 was later

It is very common for managers at some point to come up against an underperforming employee.  To overcome such problems the manager would then talk to the human resource and together they will draft the “perfect” performance improvement plan to guide, coach and assess the said employee based on the objectives listed down. The best illustration

The world of digitisation has disrupted the norms of work and our daily lives in many ways. The traditional ways of referrals and the changing workforce demographics has forced the Human Resource Department to go through tremendous transformation in order to keep their heads in the game. The transformation is essentially the process of reassessing and

In this fast paced era where the Internet is dominating every part of our life, our constant content consumption would be from social media.  Anything can go viral on social media especially so when the content of these posts are interrelated to sensitive issues that would affect the reputation of someone or a company or cause disharmony among the

Mohd Fazly Bin Kassim V DHL EXpress (M) Sdn Bhd. (No Award 1073 Tahun 2020) Fakta  Pihak Yang Menuntut telah bekerja sebagai Kurier dengan Responden selama 16 tahun dan gaji terakhirnya adalah RM 2,657.00. Pada tahun 2014, Pihak Yang Menuntut telah diarahkan oleh Responden untuk menghadiri program “Team Building” di mana Pihak Yang

Why is it important? Syarikat Telekom Malaysia Berhad V. Saidon Bin Puteh 1 ILR 619 A due inquiry properly conducted and well-documented serves to ensure that a disciplinary authority has acted only after giving fair consideration to the matter. It also provides a reliable record for the employer to turn to when, due to the effluxion of time