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CASE(S) HIGHLIGHT
GREENPOWER VALUE SDN BHD v. UNIVERSAL TRUSTEE (MALAYSIA) BHD & ORS
HIGH COURT MALAYA, KUALA LUMPUR
AHMAD FAIRUZ ZAINOL ABIDIN J
[ORIGINATING SUMMONS NO: 24NCC-134-04-2014]
24 APRIL 2020

By incorporating the salient terms of the consent order between the parties into an agreement and filing a civil suit to enforce the same, the parties indicated their clear intention to be bound by the agreement and not the consent order which was superseded. Thus, the basis for contempt proceedings for breach of the consent order failed, more so, when the consent order was not endorsed with a penal notice.

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ARTICLE HIGHLIGHT

Employee who made Hitler meme awarded $200k

AUSTRALIA
Employment
Organisations must be clear about what behaviour is or is not acceptable
The man took BP to the FWC for unfair dismissal and originally lost the case in September last year, after deputy president Melanie Binet sided with BP in finding the video was “inappropriate and offensive”. The employee then appealed, insisting he had not intended to offend anyone and that the video was supposed to be “humorous”. He said that it did not identify BP or anyone specifically.

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Vacancies for rehiring programme, expatriates to go through MYFutureJobs effective Nov 1

Employment
MYFutureJobs to be single platform for monitoring of job matching involving locals
Effective Nov 1, employers who wish to hire foreign workers through the re-hiring programme as well as apply for the recruitment of expatriates are required to advertise the vacancies first on the national employment portal, MYFutureJobs. Human Resources Minister Datuk Seri M. Saravanan said the advertisement on vacancies at MYFutureJobs should not be less than 14 days for the re-hiring programme of foreign workers in the country and 30 days for the application of expatriates.

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Technician with arthritis, depression and anxiety awarded £117,000 after unfair dismissal

UK
Employment
Technician who was victim of disability discrimination awarded £117k
The tribunal ruled Mr D Walker, who worked as a technician at Old Swinford Hospital School from June 2014 until his dismissal in September 2017, was unfairly dismissed after the school decided he could no longer perform his role because of his disability. It found that Old Swinford Hospital School did not apply or follow its own disciplinary policy throughout the dismissal of Walker. Judge Mark Butler said there was no investigatory meeting, warning or improvement plan in place to help Walker.

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Sukuk issuance seen recovering from COVID stress

GLOBAL
Islamic finance
Sukuk supply expected to increase
Global sukuk issuance volumes are expected to recover and reach last year’s levels in 2020 despite the unprecedented stress from the coronavirus pandemic, according to Fitch Ratings. As market conditions further recover, sukuk supply is expected to increase with increased funding needs.

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Deliveroo dragged to court in unfair dismissal case that could have “significant ramifications” for the Aussie gig economy

AUSTRALIA
Employment
Sacked rider's case is 'first of its kind' against Deliveroo
A rider for Deliveroo Australia is taking the food delivery giant to court today, in a Fair Work Commission unfair dismissal case. A statement from the Transport Workers Union (TWU) suggests rider Diego Franco was sacked by Deliveroo in April, after three years working as a delivery rider and at the height of the COVID-19 pandemic. TWU claims this caused financial hardship for him and his young family.

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