Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Ms Loh Sub Mui, a HR generalist with 20+ years experience, spoke on the laws and challenges in terminating employees to WomenBizSENSE members. She is a highly experienced group HR Manager with a locally established group of companies. Her work requires her to deal with industrial relations matters in both unionized and non-unionized environment.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Ms Loh Sub Mui, a HR generalist with 20+ years experience, spoke on the laws and challenges in terminating employees to WomenBizSENSE members. She is a highly experienced group HR Manager with a locally established group of companies. Her work requires her to deal with industrial relations matters in both unionized and non-unionized environment.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
ETHICS, LAW AND CORPORATE SOCIAL RESPONSIBILITY -
Malaysian Industrial – Labour Relation, SEXUAL HARASSMENT ISSUE, RETRENCHMENT ISSUE, IMPOSITION ISSUE
Learn about what is miscoduct, understand what is a domestic inquiry, why conduct a domestic inquiry, earn how to conduct a domestic inquiry, understand the importance of proper conduct of domestic inquiry, learn points that must be remembered and wha t constitutes a defect in domestic inquiry
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
ETHICS, LAW AND CORPORATE SOCIAL RESPONSIBILITY -
Malaysian Industrial – Labour Relation, SEXUAL HARASSMENT ISSUE, RETRENCHMENT ISSUE, IMPOSITION ISSUE
Learn about what is miscoduct, understand what is a domestic inquiry, why conduct a domestic inquiry, earn how to conduct a domestic inquiry, understand the importance of proper conduct of domestic inquiry, learn points that must be remembered and wha t constitutes a defect in domestic inquiry
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Discipline and Dismissal for Nonprofit Organizations: Making the best of a di...Marina Dawson
We appreciate our employees and volunteers and we value their contribution to our organization. But sometimes, the fit between organization and employee or volunteer just isn’t there and changes need to be made. This session will give you the tools you need to successfully manage the discipline and dismissal process, including how to: create an environment that proactively manages people; plan for and implement all three phases of the discipline process; engage in productive discussions when discipline is required, starting immediately and; identify how and when to move to a dismissal.
To view the full one-hour webinar, including audio, visit: http://charityvillage.com/elearning/webinars/past-webinars/discipline-and-dismissal-making-the-best-of-a-difficult-situation.aspx
Our Solution - "HR Risk Management" is an integrated 3 in 1 solution designed specifically for the SME Market to protect their business. The solution integrates iHR Consulting's web based portal with HR Knowledge & Content, HR Advisory & Consultation and EPLI providing SME's with an insurance cover up to RM100,000 for any wrongful dismissal claims including legal fees.
Due to a lack of understanding and expertise in HR most SME's continuously face employment related disputes - this poses significant threats in terms of productivity and financial burden to their businesses. One wrongful dismissal claim can pose financial threat of up to 24mths of the employees last drawn salary plus legal costs.
It is simple to protect your business - at iHR we give peace of mind to SME's.
iHR Consulting Sdn Bhd established in 2003 is a leading Human Resources Consulting and Advisory firm. Delivering a first to Malaysia in collaboration and as exclusive scheme manager to Tune Insurance Malaysia Berhad - Employers Practice Liability Insurance. A strong pedigree in HR services to over 200 small to medium sized business in Malaysia. Services include and not limited to, its member online HR Portal, HR Content and Knowledge management, HR advisory and transformation programs, Customised training, consultancy and payroll outsourcing.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
Sexual Harassment & Gender Discrimination by Janice Anne LeolegalPadmin
Speech by Janice Anne Leo, Partner from Shook Lin & Bok, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Change Of Ownership In Business: Its Impact On The Contract of EmploymentlegalPadmin
Speech by Dato' Thavalingam Thavarajah, from Lee Hishamuddin Allen & Gledhill, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Fit & Proper Punishment Pre Panzana: Conflicting Views at High Court, Court o...legalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Personal Data Protection Act - Employee Data PrivacylegalPadmin
Speech by Pn Adlin Abdul Majid, Advocate & Solicitor from Lee Hishamuddin, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
3. *
*Meaning ;
* when someone is removed from their job
*Legal meaning ;
*Discharge of an employee from service
*Pan Global Textiles Bhd v Ang Beng Teik
*[2002] 1 CLJ 181.
*Employee; see section 2 (1),2A , First Schedule Employment Act
1955 and Employment (Part Time Employees)Regulation 2010.
*Employer ; see section 2 Employment Act 1955.
* PART 1 .
4. *
Section 2A Employment Act ;
- Minister may prohibit employment other than under contract of service.
- contract of service see section 2 E.A.
- see also Chapter 1 MEF book Employment Relationship.
- Section 10 and 11 E.A. contract to include termination provisions see also section
12. and 13
- Employee can give notice or pay in lieu and terminate.
- Employer must give reason see ; Goon Kwee Phoy v J.P,Coats (M) Bhd [1981] 1 LNS
30.Federal Court.
“so called termination simpliciter ie. termination by
contractual termination and for no reason ungrounded
on any just cause or excuse would still be dismissal without just
cause or excuse”
5. *
Employer’s Right in Industrial Jurisprudence;
- Malayan Racing Association v Ong Huat Leng [ Award no 264 of
1995]
“It is a rule in industrial jurisprudence that a workman’s right
and status under his employment contract are not to be decided
solely on the basis of the law of contract, and neither is a
workman’s security of tenure to be dependent on the absolute
discretion of employer on the terms and conditions of his
contract of employment, his right are to be determined on the
basis of fair labour practice, equity and good conscience to
ensure that security of tenure is not undermined and social
justice is dispensed with”
6. *
“Where representations are made and are referred to the IC
for enquiry, it is the duty of IC to determine whether the
termination or dismissal is with or without just cause or
excuse. If the employer chooses to give a reason to give a
reason for the action taken by him, the duty of the IC will be
to enquire whether that excuse or reason has or has not been
made out. If it finds as a fact that it has not been proved, the
inevitable conclusion must be that the termination or
dismissal was without just or excuse. The proper inquiry of
the IC is the reason advanced by it and IC or the High Court
cannot go into another reason not relied on by the employer
or find one for it.”
-Goon Kwee Phoy v J. & P. Coats (M) Bhd. [1981] 1
LNS 30 (Federal Court)
7. *
*H.E PLATT ;
“There is no absolute answers as to what is just
and equitable and the least an arbitrator can
do is to have regard to community standards
of the day and decide whether the conduct or
performance of the employee concerned was
that of a reasonable person and whether the
sanction imposed by the employer was just “
8. *
*Section 14 E.A.;
*Misconduct inconsistent with the express or
*Implied conditions of the employees service.
*OP Malholtra ;
“Any conduct or positive act inconsistent with the faithful
discharge of his duties or incompatible with the express and implied
terms of relationship to the employer”
*See also Tractors Malaysia (award no 27 of 1972); and
*Malayan Tung Pau (award no 37 of 1974)
9. *
* See Notes ;
1) Insubordination.
2) Dishonesty, theft and fraud.
3) Fighting at workplace.
4) Misrepresentation.
5) Absenteeism.
6) Industrial action –strike/picket –Harianto’s case.
7) Sexual harassment.
8) Drug related Offence.
9) Misuse of company’s property/cyber misconduct.
10) Criminal misconduct – see MEF book.
11) Sleeping while on duty.
12) Breach of fiduciary duty/conflict of interest.
13) Negligence.
14) Poor Performance.
15) Breach of company’s Rules & Regulations
10. *
*Constructive Dismissal ;
*Meaning ;
*See Western Excavating [1978] 1 All ER 713.
*Breach going to root of contract or
*Act showing intent to no longer be bound
*By terms and condition of contract.
*See Anwar b Abd Rahman [1998] 2 CLJ 197.
*Employers act unfair / unreasonable.
*4 condition ,breach , fundamental term , left, did not stay on.
11. *
1,Transfer ;
- employers discretion
-whether any victimization /bad faith
- see: Ladang Hollyrood’s case [1996]1 ILR 414.
2. Benefits ; reduced /revise allowance.
3. Salary – not paid.
4. Demotion – lower position /responsibility.
12. FORCED RESIGNATION ;
- resign or be dismissed
See: Stanley Ng [1979] 1 MLJ 57.
Pascoe v Hellen [1975] IRLR 116
East Sussex county v Walker [1972] 7 I.T.T 280
Normadiah Abu suood [1991] 2 ILR 1106
PROBATIONER ;
- considered not confirm until issued with a letter of appointment
- see: Nur Dini Md Noh lwn KEDA [2014] 1 ILR 225 .
REASONABLE EXPECTATION ;
- Promise by person in authority personally to claimant
- Person able to carry out
See: Dr Chandra Muzaffar’s case.[20022] 2 CLJ 446
13. *
*ONUS PROBANDI – obligation to prove.
*Lie with the person allege
*Employer allege that there is just cause and excuse to dismiss
employee.
*See Stamford Executive Centre v Dharsini
[Award No 263/1985]
“…in dismissal case employer must produce cogent evidence that
employee committed the misconduct / offence . The burden lies with the
employer……”
14. *
*Company give reason to dismiss –
*Company to adduce evidence to support and sustain that
reason and cannot go or give other reason –Goon Kwee
Phoy’s case.
*See also Wong Yuen Hock [1995] 3 CLJ 344; and Milan Auto
Sdn Bhd [1995] 4 CLJ 449.
*Company had to show that they had investigated and had
reasonable grounds to believe on the guilt of the claimant –
see : K A Sanduran Nehru [2007] 1 CLJ 347
15. *
*Constructive dismissal /force resignation ; then Claimant’s
duty to prove ;
*See Moo Ng v Kiwi Products [1998] 3 CLJ 475.
“…If an employee asserts that he has been
constructively dismissed , he must establish that
there has been conduct on the part of the employer
which breaches an express or implied term of the
contract going to the very root of the contract.”
16. *
*Telekom Malaysia Kawasan Utara v Krishnan Kutty
[2002] 3 CLJ 314
“….the standard of prove required ,that is the civil
standard based on the balance of probabilities……”
See also the case of;
MAS v Wan Sa’aidi bin Wan Mustafa
Federal Court Civil Appeal no 02[F]-15-04/2013[N]