LLB Bulletin #04/2016

LLB Bulletin #04/2016






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IN THIS ISSUE BULLETIN 04/2016
1. Latest Highlights
    - Case Highlights
    - ILR Issue 04 of 2016
2. Media Info



LATEST HIGHLIGHTS
CASE HIGHLIGHTS
NAZATULTAHAR MD DOM v. MOTOROLA TECHNOLOGY SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ONG GEOK LAN
AWARD NO. 192 OF 2016 [CASE NO: 15/4-1076/11]
26 FEBRUARY 2016
DISMISSAL: Breach of company rules and policies - Carelessness - Claimant accessing, downloading and storing inappropriate and obscene material using the company's computers - Whether proven by the company - His explanations - Whether acceptable - Whether it had been serious enough to warrant his dismissal
DISMISSAL: Breach of company rules and policies - Carelessness - Claimant downloading a lot of copyrighted material using the company's computers - Whether he had been aware that it had been against company policy - Claimant's position in the company - Effect of - Repercussions of his actions - Whether he had exposed the company to the leakage of sensitive information - Business of the company - Whether his actions had justified his dismissal
DISMISSAL: Misconduct - Claimant allegedly accessing, downloading and storing inappropriate and obscene material using the company's computers - Whether proven by the company - Evidence adduced - Evaluation of - Claimant not denying it - His explanations - Whether could be accepted - Whether it had constituted a serious misconduct - Factors to consider - Effect of - Whether the company had been reasonable in dismissing him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
DISMISSAL: Misconduct - Claimant downloading a large volume of Rapidshare activity containing a lot of copyrighted material - Whether he had been aware of the company's policy on the same - Whether his explanations had been acceptable - Factors to consider - Whether the claimant by his conduct had clearly violated the policies of the company and prejudiced its welfare - Business of the company - Effect of - Whether the charge had been proven against him - Whether it had been serious - Whether his dismissal had been justified
DISMISSAL: Performance - Poor performance - Whether proven by the company - Factors to consider - Whether the company had followed the required procedures - Evidence adduced - Evaluation of - Whether the company had been reasonable in dismissing him
DOMESTIC INQUIRY: Charges - Whether defective for lack of particulars - Factors to consider - Whether the claimant had understood the nature of the alleged charges against him - Whether he had been prejudiced by the missing information - Effect of - Whether the charges had needed to be as precise as that in a criminal trial
EVIDENCE: Documentary evidence - Findings of the Domestic Inquiry - Whether it had been valid - Factors to consider

KESATUAN PEKERJA-PEKERJA PERKILANGAN PERUSAHAAN MAKANAN v. F & N DAIRIES MANUFACTURING SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO, EMPLOYERS' PANEL: AZLINA MUZAINI, EMPLOYEES' PANEL: KAMARUL BAHRAIN MANSOR
AWARD NO. 288 OF 2016 [CASE NO: 3/2-122/14]
16 MARCH 2016
TRADE DISPUTE: Collective Agreement - Commencement date - Determination of - Industrial Relations Act 1967, s. 30(7)
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Article entitled "maximum" - Whether the union's proposal to pay out on a 'personal to holder' basis had any merit - Factors to consider - Evaluation of case laws - Effect of - Whether the existing article in the CA ought to be maintained - Factors to consider - Effect of
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Article on annual leave - Whether the company's proposal for a two-tier leave system ought to be allowed - Whether it would be discriminatory to future employees - Factors to consider - Effect of - Whether the company's proposals had been more favourable than those granted in similar industries
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Article on paid public holidays - Whether the company's proposal to reduce its paid holidays to one (1) day on the eve of a major festival, for those employees celebrating, had been acceptable - Factors to consider
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Article on salaries and sick leave - Whether the company's proposal had been acceptable - Factors to consider - Whether the company had been able to afford it
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Article on salary adjustment - Whether the union's proposal of 13% had been too high - Factors to consider - What would be a reasonable percentage to award - Whether the company had the financial ability to pay
TRADE DISPUTE: Collective Agreement - Terms and conditions of the CA - Articles on overtime, work on rest days and work and paid public holidays - Determination of 'rate per hour' - Whether it should include 'yearly bonus' - Factors to consider - Past practice of the company
WORDS & PHRASES: Rate per hour - Determination of - Whether should include 'yearly bonus' - Employment Act 1955, s. 2
LATEST CASES (ILR Issue 4 of 2016)
Award Parties Citation Links
Mohd Sobri Che Hassan v. Pihak Berkuasa Tatatertib Majlis Perbandaran Seberang Perai & Anor
[Judicial Review No: 25-21-02-2014]
[2016] 2 ILR 1 cljlaw
labourlaw
National Union Of Bank Employees v. Director General Of Trade Unions & Anor
[Civil Appeal No: W-02(IM)-2530-11-2013]
[2016] 2 ILR 35 cljlaw
labourlaw
Setiausaha Suruhanjaya Pasukan Polis & Ors v. Cheah Yen Khee & Another Appeal
[Civil Appeals No: B-01-258-11 & B-01-259-11]
[2016] 2 ILR 57 cljlaw
labourlaw
192/2016 Nazatultahar Md Dom v. Motorola Technology Sdn Bhd
[Case No: 15/4-1076/11]
[2016] 2 ILR 74 cljlaw
labourlaw
231/2016 Zulkifli Shahari v. Telekom Malaysia Berhad
[Case No: 13(25)(27)(25)/4-564/11]
[2016] 2 ILR 93 cljlaw
labourlaw
244/2016 Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenanjung Malaysia v. Renesas Semiconductor KL Sdn Bhd
[Case No: 22/3-733/13]
[2016] 2 ILR 138 cljlaw
labourlaw
281/2016 Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific Sdn Bhd v. Polyplastics Asia Pacific Sdn Bhd
[Case No: 15(25)/2-1258/12]
[2016] 2 ILR 159 cljlaw
labourlaw
288/2016 Kesatuan Pekerja-pekerja Perkilangan Perusahaan Makanan v. F & N Dairies Manufacturing Sdn Bhd
[Case No: 3/2-122/14]
[2016] 2 ILR 194 cljlaw
labourlaw
To Subject Index
MEDIA INFO
Articles
9 idiotic rules that drive everyone insane (The Star, Malaysia)
Companies need to have rules - that's a given - but they don't have to be short-sighted and lazy attempt at creating order. I understand the temptation. As my company has grown, so has our difficulty maintaining standards. There have been many instances where someone crossed a line, and we were tempted to respond with a new rule that applied to everyone. But that's where most companies blow it.
Human Resource
All will benefit from new wage rate (New Straits Times, Malaysia)
With the exception of maids, all workers in the private sector will enjoy a higher minimum wage from July 1 onwards. All private sector firms regardless of their staff size, will have to abide by the new ruling, according to the Minimum Wage Order (MWO) 2016, which was gazetted on April 29.
Stress Management
Work stress and mental health (New Straits Times, Malaysia)
Today is World Occupational Safety and Health (OSH) Day. The purpose of this annual event is to honor the memory of victims of occupational accidents and diseases. Being a member of the international community, Malaysia celebrates World OSH Day and regards it as an integral part of our national mission and strategy to promote a preventative safety and health culture at all workplace.
Tips
How to be persuasive in the workplace (The Star, Malaysia)
Whether you're looking to convince your boss you need some additional training or you're hoping to show an interviewer you're the best candidate for a job, persuasion is an essential tool for professional success. Below, I've outlined the three basic steps you should follow to be persuasive in the workplace.
Working Smart
Characteristics of a good entrepreneurial mindset (New Straits Times, Malaysia)
People who run business and are successful in the long term have developed an entrepreneurial mindset. Some think they are born with this asset and they might well be; but you can learn if you don't have it already, and this can help you achieve a lot more business success.
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