ILR Bulletin, Issue 2008, Vol 11
November 2008
| Print this page |
CLJ Law MALAYSIA |
Introduction:
To get the most out of this law bulletin join CLJ Law Online now - http://www.cljlaw.com/registration.asp
Feel free to forward this to your colleagues. Get this bulletin as email by going to http://www.cljlaw.com/ilrsubscribefrm.asp
INDUSTRIAL LAW REPORTS ISSUE 11 of 2008
AWARDS REPORTED
| Award | Parties | Page |
| Holiday Villages Of Malaysia Sdn Bhd v. YB Menteri Sumber Manusia & Anor [Originating Motion No: 25-9-1998] | [2008] 4 ILR 241 | |
| 1571/2008 | Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd [Case No: 23/4-2472/06] | [2008] 4 ILR 260 |
| 1597/2008 | Noormala Othman v. OTC Security Solutions Sdn Bhd [Case No: 3/4-469/07] | [2008] 4 ILR 279 |
| 1604/2008 | Lim Eye Thun v. Majlis Peguam Malaysia [Case No: 12/4-372/07] | [2008] 4 ILR 298 |
| 1659/2008 | Low Pak Chan lwn. Hitachi High-Technologies IPC (M) Sdn Bhd [No. Kes: 28/4-1249/05] | [2008] 4 ILR 307 |
| 1687/2008 | Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten) [Case No: 17/4-1046/03] | [2008] 4 ILR 317 |
| 1693/2008 | Dynacraft Industries Sdn Bhd v. Chua Kim Yock [Case No: 5(9)/4-896/03] | [2008] 4 ILR 371 |
| 1704/2008 | Doraisingam Apparu v. Maxis Broadband Sdn Bhd [Case No: 26/4-1158/05] | [2008] 4 ILR 401 |
| 1707/2008 | Rakyat Berjaya Sdn Bhd v. Yusrin Yusof [Case No: 7(17)/4-550/03] | [2008] 4 ILR 407 |
| 1721/2008 | Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd [Case No: 21/1-1989/06] | [2008] 4 ILR 428 |
| 1737/2008 | Zainab Awang v. Radio Wanita Bhd [Case No: 23/4-1753/07] | [2008] 4 ILR 451 |
SUBJECT INDEX
ADMINISTRATIVE LAW
Remedies - Judicial review - Application for - Certiorari - Recognition of trade union -
Whether first respondent committed an error of law or misdirected himself in law - Whether decision tainted with
illegality, irrationality and procedural impropriety - Whether court could exercise discretionary power of judicial
review to quash decision
Holiday Villages Of Malaysia Sdn Bhd v. YB Menteri Sumber Manusia & Anor
(Suraya Othman J) [2008] 4 ILR 241
CONTRACT OF EMPLOYMENT
Illegality - Whether the agreement had been against public policy - Whether the Employment
(Restrictions) Act 1968 had been applicable to the claimant - Whether company had proven its applicability - Effect of -
Employment (Restrictions) Act 1968, s. 5
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
Terms and conditions - Effect of - Whether the claimant had been a workman under the definition
of the Industrial Relations Act 1967 - Factors to consider - Whether dismissal without just cause and excuse -
Industrial Relations Act, ss. 2 & 30(5)
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
Terms and conditions - Retirement clause - Interpretation of - Intention of the clause -
Reasonable expectation of the claimants - Past practise of the respondent - Whether the terms bound the respondent -
Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Terms and conditions - Retirement clause - Whether there had been one - Whether the rules and
regulations had bound the claimant - Whether the rules and regulations had been brought to the claimant’s attention -
Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Terms and conditions - Whether there had been an oral term as to the retirement age applicable to
the claimant - Evidence adduced - Effect of - What had been the retirement age in relation to the claimant - How
determined - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 2 & 20(3)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Type of - Whether it had been a genuine fixed term contract - Interpretation of - Whether there
had been genuine long-term factors present in their employment contracts - Claimants contracts automatically renewed
every 2 years - Effect of - Whether they had been ordinary employment contracts dressed up in the form of a succession
of fixed-term contracts - Effect of - Whether the claimants had come within the framework of the law on workmen’s right
to security of employment - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
DISMISSAL
Breach of company rules and policies - Negligence - Job functions of the claimant - Whether claimant
had been aware of high risk area of illegal logging - Effect of - Claimant’s years of service with the company - Whether
the company had managed to establish the misconduct against the claimant - Whether negligence had been established -
Whether the punishment of dismissal had been too harsh under the circumstances - Whether dismissal without just cause or
excuse - Industrial Relations Act 1967, s. 20(3)
Rakyat Berjaya Sdn Bhd v. Yusrin Yusof
(Syed Ahmad Radzi Syed Omar) [2008] 4 ILR 407
Breach of company rules and policies - Negligence - Whether claimant had been given sufficient
instructions - Instructions given by headquarters before claimant assumed position - Claimant contending not aware of
instructions - Instructions filed in office - Whether it had been acceptable - Whether the company had managed to
establish the misconduct against the claimant - Whether the punishment of dismissal had been too harsh under the
circumstances - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Rakyat Berjaya Sdn Bhd v. Yusrin Yusof
(Syed Ahmad Radzi Syed Omar) [2008] 4 ILR 407
Breach of company rules and policies - Negligence - Whether the claimant had had sufficient staff
to patrol the areas - Measures taken by the claimant - Whether it had been effective - Effect of - Whether the
misconduct had been established against the claimant - Whether dismissal without just cause or excuse - Industrial
Relations Act 1967, s. 20(3)
Rakyat Berjaya Sdn Bhd v. Yusrin Yusof
(Syed Ahmad Radzi Syed Omar) [2008] 4 ILR 407
Breach of company rules and policies - Negligence - Whether claimant could delegate his tasks -
Responsibility of the claimant upon delegation - Whether the claimant had been under a duty to check his subordinates
work - Effect of - Whether the claimant had taken any initiative in his work - Whether the claimant had been negligent -
Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Rakyat Berjaya Sdn Bhd v. Yusrin Yusof
(Syed Ahmad Radzi Syed Omar) [2008] 4 ILR 407
Insubordination - Whether the respondent had proven the misconduct - Evidence adduced by the
respondent - Whether sufficient - Effect of - Whether the claimants had been under an obligation to respond to the
allegation of insubordination - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act
1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Misconduct - Brochures found on claimant’s desk - Confidential documents found in claimants desk
- Claimant absent at the point in time of making the discovery - Whether acceptable - What the respondent should have
done - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Misconduct - Claimant following directive of superior - Whether acceptable - Whether the
superiors directive had been lawful and reasonable - Effect of - Claimant’s superior subsequently dismissed by company -
Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Doraisingam Apparu v. Maxis Broadband Sdn Bhd
(Rajendran Nayagam) [2008] 4 ILR 401
Misconduct - Claimant making purchases vide the internet - Whether the purchase had been
made to undermine the COO - Whether it had been against company regulations and policies - Nothing in writing produced
by company - Effect of - Whether the claimant had been allowed to surf non-work related sites - Whether it had been a
misconduct which had attracted disciplinary action - Whether the respondent’s actions had been equitable under the
circumstances - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Misconduct - Claimant not the only one committing the alleged misconduct - No warning letters or
show cause letters issued to her in the past - Claimant singled out for disciplinary action - Effect of - Whether the
claimant had been victimized - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act
1967, s. 20(3)
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Misconduct - Claimants refusing new letters of offer - Effect of - Whether the claimants could
refuse - New letter of offer containing matters in dispute in court - Effect of - Whether there had been an abuse of
power by COW5 - Other actions taken by COW5 against the claimant - Duration of contract unilaterally altered by the
respondent - Effect of - Whether respondent’s actions mala fides - Whether proven - Whether dismissal without
just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Misconduct - Claimant signing off on checksheets without doing the work - Whether claimant’s
actions had been responsible - Effect of - Claimant’s explanations - Whether tenable - Whether misconduct proven by the
company - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Doraisingam Apparu v. Maxis Broadband Sdn Bhd
(Rajendran Nayagam) [2008] 4 ILR 401
Misconduct - Claimant using the dial in facility during her period of suspension - Whether that
had constituted a misconduct - Nothing mentioned about usage of dial up facility in suspension letter - Whether the
respondent had been under a duty to expressly state it in the suspension letter - Effect of - Whether respondent’s
actions had been equitable - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Misconduct - COW3’s e-mails being forwarded to claimant - Claimant mere recipient of e-mails -
Claimant not playing an active part in either procuring or circulating the e-mails - Effect of - COW3 failing to take
proactive steps to protect the confidentiality of his e-mails - Effect of - Whether dismissal without just cause or
excuse - Industrial Relations Act 1967, s. 20(3) & Communications and Multimedia Act 1998,
s. 234(1)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Misconduct - Sourcing and making purchases vide the internet - Whether it had been
specifically forbidden by the respondent’s rules and regulations - Whether the respondent had proven that the purchases
had been made to undermine the COO - Effect of - Whether the purchases had been bought for spying on the COO - Whether
proven by the respondent - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Misconduct - Whether proven by the company against the claimant - Conduct of the company -
Whether had been reasonable - Effect of - Whether company had acted bona fide - Whether dismissal without just
cause or excuse - Industrial Relations Act 1967, s. 20(3)
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Misconduct - Whether the claimant had been missing from the office during office hours without
leave - Whether the company had managed to establish the misconduct against the claimant - Huge gaps in company’s
evidence - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Notice of termination - Grounds cited for termination was claimant reaching the retirement age -
Effect of - Whether the claimant had been retired or dismissed - Whether the retirement age had been mandatory - Past
practise of the company - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s.
20(3)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Notice of termination - No grounds apart from retirement age cited for dismissal - Whether the
company had succeeded in making out the grounds for her dismissal - Effect of - Whether dismissal without just cause or
excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Performance - Unsatisfactory performance - Company’s witnesses not having personal knowledge of
alleged non-performance of claimant - Effect of - Whether the company had successfully proven this charge against the
claimant - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) & 30(5)
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
DOMESTIC INQUIRY
Charges - Framing of - Whether the charges had been precise and definite - Whether they had been
sufficient for the claimants to answer to them - Effect of - Whether the respondent could rely on anything other than
the charges preferred against the claimants to dismiss them - Effect of - Whether the rules of natural justice had been
complied with - Industrial Relations Act 1967
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Charges - Framing of - Charges containing non-criminal elements - What needed to be stated in the
charge sheet - Whether had been complied with by respondent - Effect of - Whether claimants had been prejudiced -
Industrial Relations Act 1967
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Procedural impropriety - Charges not read and explained to the claimant - Claimant not asked to
plead to the charges - Effect of - Whether it had been in breach of the rules of natural justice and the principles of
fairness - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Procedural impropriety - Constitution of the inquiry panel - Whether fair - Way in which inquiry
had been conducted - Effect of - Whether the claimant had been denied natural justice - Industrial Relations Act 1967
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Procedural impropriety - Whether the DI had been conducted fairly - COW3 was the witness and the
prosecutor - Effect of - Whether the inquiry had been a genuine exercise - Whether it had been in compliance with the
rules of natural justice - Whether prejudice had been caused to the claimant - Whether dismissal without just cause or
excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
EVIDENCE
Adverse inference - Respondent’s failure to call material witnesses - No reasons adduced for failure
to call - No evidence shown of attempts taken to procure witnesses presence - Effect of - Whether adverse inference
could be drawn against respondent - Evidence Act 1950,
s. 114(g)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Documentary evidence - Charges preferred against the claimant vague and imprecise - Claimant not
given details of exact charges in writing - Whether it had been fair to the claimant - Effect of - Whether the rules of
natural justice had been complied with - Industrial Relations Act 1967
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Documentary evidence - Findings of the DI - Original notes not adduced - Type written version not
endorsed by either the claimant or the panel members - Effect of - Accuracy of transcript brought into question -
Whether it could be taken to be the accurate record of the notes of the proceedings in the DI - Whether dismissal
without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Documentary evidence - Notes of the Domestic Inquiry - Not verbatim records of proceedings -
Whether could be taken into account by the court - Whether the notes had contained any probative value - Whether the
claimant had been denied natural justice - Industrial Relations Act 1967
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
INDUSTRIAL COURT
Jurisdiction - Complaint brought by union for non-compliance of an article by the company in the
collective agreement - Effect of - Whether the court had jurisdiction to hear the matter - Industrial Relations Act
1967, s. 56
Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd
(Susila Sithamparam) [2008] 4 ILR 428
Jurisdiction - Whether a mere referral conferred jurisdiction on the Industrial Court to hear the
matter - Past decisions in the matter - Whether applicable - Industrial Relations Act 1967
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
Jurisdiction - Whether the Industrial Court had jurisdiction to hear the matter - Establishment
of the Malaysian Bar - Functions of the council - Council the management arm of the Malaysian Bar - Intention of the
legislature - Effect of - Whether the Malaysian Bar had been a statutory body - Industrial Relations Act 1967, s. 20 &
Legal Profession Act 1976, ss. 41, 47(1), 54, 56 and 57
Lim Eye Thun v. Majlis Peguam Malaysia
(Yeoh Wee Siam) [2008] 4 ILR 298
Jurisdiction - Whether the Industrial Court had jurisdiction to hear the matter - Whether the
claimant had required the consent of the Yang Di-Pertuan Agong before referring this case to the Industrial Court - In
what circumstances would the consent of the Yang Di-Pertuan Agong have been required - Industrial Relations Act 1967, ss.
20, 20(3) and 26(2)
Lim Eye Thun v. Majlis Peguam Malaysia
(Yeoh Wee Siam) [2008] 4 ILR 298
Procedure - Pleadings - Company raising issue of mistake in entering into agreement - Company not
pleading the same - Effect of - Whether court could look into this ground as justification for dismissing the claimant -
Company relying on clause in agreement for termination of claimant - Whether they could - Effect of - Whether dismissal
without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
Remedies - Compensation awarded - Whether claimant had contributed to her dismissal - Claimant’s
position in the company - What the claimant should have done - Effect of - Whether dismissal without just cause and
excuse - Industrial Relations Act 1967, s. 20
Dynacraft Industries Sdn Bhd v. Chua Kim Yock
(Chew Soo Ho) [2008] 4 ILR 371
Remedies - Compensation - Claimant claiming for arrears of wages - Whether proven - Whether would
be allowed - Effect of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967, ss. 20(3) &
30(5)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Remedies - Compensation - Fixed sum of compensation - Probationer claimant - Rights of the
claimant as a probationer - What sort of compensation was she entitled to - Factors to consider - Effect of - Whether
dismissal without just cause and excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Zainab Awang v. Radio Wanita Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 451
Remedies - Punishment - Decision to terminate by Domestic Inquiry panel minority decision - No
justification given by company as to why minority decision followed - Effect of - Whether the company had acted bona
fide - Whether punishment meted out against the claimant had been reasonable - Whether dismissal without just cause
or excuse - Industrial Relations Act 1967, s. 20(3)
Noormala Othman v. OTC Security Solutions Sdn Bhd
(Franklin Goonting) [2008] 4 ILR 279
Remedies - Punishment - Mitigating factors - Unblemished records of the claimants - Respondent
failing to take into account - Respondent taking into account irrelevant things - Effect of - Whether the respondent’s
actions had been mala fide - Intention of the respondent - Effect of - Whether dismissal without just cause and
excuse - Industrial Relations Act 1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Remedies - Punishment - Mitigating factors - Whether there had been contributory conduct on the
part of the claimants - Whether the respondent had contributed to the ensuing confusion which had led to the alleged
insubordination - Effect of - Way in which claimants had been treated - Past service records of the claimants - Effect
of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967, s. 20(3)
Lim Ean Choo & 12 Ors v. Tadika Tzu Yu (Tzu Yu Kindergarten)
(P Iruthayaraj D Pappusamy) [2008] 4 ILR 317
Remedies - Quantum of damages - Backwages - How arrived at - Factors to consider - Industrial
Relations Act 1967
Jeffrey Ronald Pearce v. Nacap Asia Pacific Sdn Bhd
(Fredrick Indran XA Nicholas) [2008] 4 ILR 260
LABOUR LAW
Trade union - Recognition - Claim for - Membership verification - Whether there was sufficient
material and evidence to support the finding of the 59.32 percentage of membership - Whether there was legal requirement
for DGTU and first respondent to distinguish between seasonal or permanent workmen for purpose of trade union
recognition - Whether first respondent’s decision so outrageous or defiance of logic - Whether tainted with illegality,
irrationality and procedural impropriety - Whether court could exercise discretionary power of judicial review to quash
decision
Holiday Villages Of Malaysia Sdn Bhd v. YB Menteri Sumber Manusia & Anor
(Suraya Othman J) [2008] 4 ILR 241
NON-COMPLIANCE
Collective Agreement - Article on check-off - Whether it had been mandatory for the company to
comply - Article 29 a culmination of collective bargaining - Company complying with article for 9 years - Effect of -
Whether company could unilaterally stop the deductions - Whether it had amounted to a non-compliance of a collective
agreement - Industrial Relations Act 1967, s. 56(1)
Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd
(Susila Sithamparam) [2008] 4 ILR 428
Collective Agreement - Article on check off - Whether the workmen who had been union members had
made a request for deductions to be made from their wages pursuant to the Employment Act 1955 - Workmen had not objected
to the deductions made by the company in that respect - Whether that had amounted to an implied request - Effect of -
Whether that consent had been withdrawn by the workmen in writing - Letters prepared by the company - Circumstances
under which letters prepared by the company - Validity of the letters withdrawing consent - Effect of - Whether the
company had meddled in union affairs by preparing the letters - Whether it had constituted an unfair labour practise -
Employment Act 1955, s. 24
Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd
(Susila Sithamparam) [2008] 4 ILR 428
TRADE UNION
144 workmen resigning from the company en bloc - Whether they had still remained members of the
union - Whether relevant to consider - Resignation letters put in - Perusal of - Whether it had constituted a proper
resignation - Letters not addressed to General Secretary of the Union - Whether the Rules and Constitution of the union
had been complied with - Effect of - Industrial Relations Act 1967
Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd
(Susila Sithamparam) [2008] 4 ILR 428
WORDS AND PHRASES
"Check-off" - Definition of - What constitutes - Effect of - Industrial Relations Act 1967, s. 56(1)
& Employment Act 1955, s. 24
Electrical Industry Workers’ Union v. Mitti Cables Mfg Sdn Bhd
(Susila Sithamparam) [2008] 4 ILR 428
"Statutory authority" - Whether the Malaysian Bar and Council fell within the definition - Effect of
- Whether the position of Director of Complaints Secretariat was a statutory appointment - Whether the Industrial Court
could interfere with decision of statutory authority on appointment and revocation of appointment - Effect of -
Industrial Relations Act 1967, ss. 2, 52(1) and Part VI & Legal Profession Act 1976 ss. 98(1) and 98(3)
Lim Eye Thun v. Majlis Peguam Malaysia
(Yeoh Wee Siam) [2008] 4 ILR 298
INDEX PERKARA
MAHKAMAH PERUSAHAAN
Prosidur - Perwakilan - Peguam responden bertindak sebagai pengerusi panel siasatan dalaman -
Kesannya - Sama ada timbul isu percanggahan kepentingan - Peguam responden tidak berniat untuk memberi keterangan
sebagai saksi - Sama ada peguam responden merupakan saksi penting berkenaan cara siasatan dalaman telah dijalankan -
Kemungkinan peguam responden akan dipanggil sebagai saksi - Kesannya - Sama ada peguam responden boleh terus mewakili
responden di mahkamah - Sama ada pembuangan kerja adalah tanpa alasan atau sebab yang adil - Akta Mahkamah Perusahaan
1967,
s. 20(3) & Kaedah-Kaedah Profesion Undang-Undang (Amalan dan Kesopanan) 1978 k. 4, 5(a), 27(a) dan 28(a)
Low Pak Chan lwn. Hitachi High-Technologies IPC (M) Sdn Bhd
(Kamaruzaman Ab Jalil) [2008] 4 ILR 307
ILR Bulletin
To Subscribe/Unsubscribe go to http://www.cljlaw.com/ilrsubscribefrm.asp
Copyright ©1997 - 2008 CLJ Legal Network Sdn
Bhd (192353 V)
Email: enquiries@cljlaw.com Phone:
603-4270-5400 Fax No : 603-4270 5401 & 603-4270 5402