Employee Dismissal: Practical Solutions for Employers
By Lee Su Teng and Ong Lin Dar
()
About this ebook
Employment law can be confusing for both employers and employees alike. This is a must-have desk reference for employers on employment issues. It is also a very informative book for employees who wish to know their rights on termination of employment. Court awards are summarised for easy reference followed by practical solutions for managers.
Lee Su Teng
Lee Su Teng, Ph.D., a seasoned Human Resource professional who has both the academic and industrial experience. Her broad experience includes hands-on involvement in managing a full spectrum of HR. She has now moved on to her academic career with the Faculty of Business and Accountancy, University of Malaya where she teaches HRM. Her research is interdisciplinary and addresses issues on generational cohort, employee engagement, and HRM. Ong Lin Dar is a Senior Lecturer at the Faculty of Business and Accountancy, University of Malaya. She holds a Bachelor (Hons) of Business Administration from University of Malaya and a master’s degree in Business Administration from Universiti Utara Malaysia. She completed her Ph.D. at University of Malaya in 2012. Her field of interest includes leadership and Human Resource Management.
Related to Employee Dismissal
Related ebooks
97 Frequently Asked Questions About Compensation: With Answers from SHRM's Knowledge Advisors Rating: 0 out of 5 stars0 ratingsHR Due Diligence: Mergers and Acquisitions in China Rating: 0 out of 5 stars0 ratingsThe Chartered Human Resources Business Partner Rating: 5 out of 5 stars5/5Developing Business Acumen Rating: 5 out of 5 stars5/5A Canister of Knowledge: Career Guidance and Personality Development Rating: 0 out of 5 stars0 ratingsLeadership Nonnegotiables: Personal Character, Leadership Talent, and Management Skill Rating: 0 out of 5 stars0 ratings7 Easy Steps to Conduct a Human Resources Audit and Protect Your Company! Rating: 0 out of 5 stars0 ratingsCHIEFS Rating: 0 out of 5 stars0 ratingsDo-It-Yourself, Customizable Employee Handbook: Save Time and Money Rating: 5 out of 5 stars5/5The Certified in Human Resources Rating: 0 out of 5 stars0 ratingsPermanent Employee: Best Practices Handbook Rating: 0 out of 5 stars0 ratingsHuman Resource and Benefits Rating: 0 out of 5 stars0 ratingsThe Practicalities of Human Resources: For Hr Practitioners’ - Fresh Perspective Rating: 0 out of 5 stars0 ratingsHuman Resource Policy: Connecting Strategy with Real-World Practice Rating: 5 out of 5 stars5/5Success In the Payroll Management Business: How to Start Your Own Payroll Management Business Rating: 3 out of 5 stars3/5Avoiding Workplace Discrimination: A Guide for Employers and Employees Rating: 0 out of 5 stars0 ratingsMedical Billing & Coding Demystified, 2nd Edition Rating: 4 out of 5 stars4/5Dealing with Dismissal: Practical advice for employers and employees Rating: 0 out of 5 stars0 ratingsAustralian Political Essays: Employment Reform Rating: 0 out of 5 stars0 ratingsEmployment Practices Liability: Guide to Risk Exposures and Coverage, 2nd Edition Rating: 0 out of 5 stars0 ratingsThe Ultimate Domestic Workers Guide: The One and Only Guide for Domestic Workers/Employers in South Africa Rating: 0 out of 5 stars0 ratingsCalifornia Employment Law: An Employer’s Guide, Revised and Updated: An Employer's Guide Rating: 2 out of 5 stars2/5Retire Ready: A Plan Sponsor’s Guide to Financial Wellness Rating: 0 out of 5 stars0 ratingsThe Employer Mandate Handbook Rating: 0 out of 5 stars0 ratingsFinnish Labor Legislation Rating: 0 out of 5 stars0 ratingsHow to Pay Zero Taxes, 2020-2021: Your Guide to Every Tax Break the IRS Allows Rating: 0 out of 5 stars0 ratingsLife, Accident and Health Insurance in the United States Rating: 5 out of 5 stars5/5
Business For You
Emotional Intelligence: Exploring the Most Powerful Intelligence Ever Discovered Rating: 5 out of 5 stars5/5The Intelligent Investor, Rev. Ed: The Definitive Book on Value Investing Rating: 4 out of 5 stars4/5Becoming Bulletproof: Protect Yourself, Read People, Influence Situations, and Live Fearlessly Rating: 4 out of 5 stars4/5Your Next Five Moves: Master the Art of Business Strategy Rating: 5 out of 5 stars5/5Tools Of Titans: The Tactics, Routines, and Habits of Billionaires, Icons, and World-Class Performers Rating: 4 out of 5 stars4/5Lying Rating: 4 out of 5 stars4/5Grant Writing For Dummies Rating: 5 out of 5 stars5/5The Book of Beautiful Questions: The Powerful Questions That Will Help You Decide, Create, Connect, and Lead Rating: 4 out of 5 stars4/5The Richest Man in Babylon: The most inspiring book on wealth ever written Rating: 5 out of 5 stars5/5Robert's Rules Of Order Rating: 5 out of 5 stars5/5Financial Words You Should Know: Over 1,000 Essential Investment, Accounting, Real Estate, and Tax Words Rating: 4 out of 5 stars4/5Good to Great: Why Some Companies Make the Leap...And Others Don't Rating: 4 out of 5 stars4/5How to Get Ideas Rating: 5 out of 5 stars5/5Confessions of an Economic Hit Man, 3rd Edition Rating: 5 out of 5 stars5/5Law of Connection: Lesson 10 from The 21 Irrefutable Laws of Leadership Rating: 4 out of 5 stars4/5Crucial Conversations Tools for Talking When Stakes Are High, Second Edition Rating: 4 out of 5 stars4/5Collaborating with the Enemy: How to Work with People You Don’t Agree with or Like or Trust Rating: 4 out of 5 stars4/5Crucial Conversations: Tools for Talking When Stakes are High, Third Edition Rating: 4 out of 5 stars4/5High Conflict: Why We Get Trapped and How We Get Out Rating: 4 out of 5 stars4/5Ask for More: 10 Questions to Negotiate Anything Rating: 4 out of 5 stars4/5Robert's Rules of Order: The Original Manual for Assembly Rules, Business Etiquette, and Conduct Rating: 4 out of 5 stars4/5Summary of J.L. Collins's The Simple Path to Wealth Rating: 5 out of 5 stars5/5Summary of Eve Rodsky's Fair Play Rating: 2 out of 5 stars2/5Capitalism and Freedom Rating: 4 out of 5 stars4/5The Catalyst: How to Change Anyone's Mind Rating: 4 out of 5 stars4/5
Reviews for Employee Dismissal
0 ratings0 reviews
Book preview
Employee Dismissal - Lee Su Teng
Copyright © 2019 by Lee Su Teng & Ong Lin Dar.
ISBN: Softcover 978-1-5437-4915-1
eBook 978-1-5437-4916-8
All rights reserved. No part of this book may be used or reproduced by any means, graphic, electronic, or mechanical, including photocopying, recording, taping or by any information storage retrieval system without the written permission of the author except in the case of brief quotations embodied in critical articles and reviews.
Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.
www.partridgepublishing.com/singapore
CONTENTS
Introduction
Chapter 1 Dismissal For Misconduct: Absence And Sleeping At Work
Case 1 : Intan Sofia Binti Zainuddin v Toi Toi Services Sdn. Bhd
Case 1 : Intan Sofia Binti Zainuddin v Toi Toi Services Sdn. Bhd
Case 3 : Aezrine Shah Bin Abdullah v Fat Boys Records Sdn Bhd.
Case 4 : Seerangan A/L Kuppusamy v Maju Jutabina Sdn. Bhd.
Case 5 : Thilaga Valli A/P Subramaniam v A Hartrodt (M) Sdn. Bhd.
Employer’s Tips
Chapter 2 Dismissal For Misconduct: Insubordination
Case 1 : Ngiam Geok Mooi v. Pacific World Destination East Sdn. Bhd.
Case 2 : Kong Seng Chai v Perusahaan Otomobil Nasional Sdn. Bhd.
Case 3 : Sin Kok Foong v Grey Worldwide Sdn Bhd.
Case 4 : Encik Roslan Bin Yussof v Toyochem Sdn. Bhd.
Case 5 : Suresh Kumar Muniandy v. Kilang Makanan Mamee Sdn. Bhd.
Employer’s Tips
Chapter 3 Dismissal For Misconduct: Sexual Harassment
Case 1 : Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor
Case 2 : Mohd Nasir Deraman v Sistem Televisyen Malaysia Berhad (TV3)
Case 3 : Khoo Ee Peng v Galaxy Automation Sdn. Bhd.
Case 4 : Encik Edwin Michael Jalleh v Freescale Semiconductor Malaysia Sdn Bhd
Case 5 : Ahmad Ibrahim bin Dato Seri Mohd Ghazali v. Augustland Hotel Sdn. Bhd.
Employer’s Tips
Chapter 4 Termination Of Probationers
Case 1 : Indra Devi a/p Rajoo v. Everhome Furniture Mfr (M) Sdn. Bhd.
Case 2 : Lee Pei Sze v. Swiftlet Garden Sdn. Bhd.
Case 3 : Tan Cheng Leng v Tropicana Medical Centre (M) Sdn Bhd
Case 4 : Hari Bala A/L R. Parasuraman v. Johnson Control (M) Sdn. Bhd.
Case 5 : Azizah Binti Ahmad v Malayan Banking Berhad
Employer’s Tips
Chapter 5 Poor Performance
Case 1 : Raja Azmil Bin Raja Hussein v CIMB Bank Berhad
Case 2 : Yong Mee King v Kasyaf Bina Sdn Bhd
Case 3 : Raffan Kashoggi Bin Ramli v Nectar Agro (M) Sdn. Bhd.
Case 4 : Hasdie Bin Tusin Against Kudat Golf v Marina Resort (Tangamahir Sdn Bhd)
Case 5 : Norhayati Binti Sulaiman v Shell Malaysia Limited
Employer’s Tips and Recommendations
Chapter 6 Redundancy
Case 1 : Mariana Binti Hassan v British American Tobacco (Malaysia) Berhad
Case 2 : Kuldip Singh A/L Sarban Singh v Ismeca Malaysia Sdn. Bhd. (IMAL).
Case 3 : Suzielly Sheilly Bt. Z Mambang v LF Asia Sebor (Sabah) Holdings Sdn. Bhd.
Case 4 : Syd Hashim Bin Syed Othman v Ismeca Malaysia Sdn. Bhd
Case 5 : Vijayakumar A/L K. Bathumalai v Inter Data Technologies (Malaysia) Sdn. Bhd.
Employer’s Tips
Chapter 7 Retrenchment
Case 1 : Maimunah Binti Daud & 8 Others v GG Timur Trading
Case 2 : Maser Sdn. Bhd. v. Yeoh Oon Wah
Case 3 : Vijayakumar A/L K. Bathumalai vs Inter Data Technologies (Malaysia) Sdn. Bhd.
Case 4 : Vijayapal Singh A/L Hira Singh v Kelab Sukan Pulau Pinang
Case 5 : Hotel Jaya Puri Bhd v National Union Of Hotel, Bar & Restaurant Workers & Anor
Employers Tips
Chapter 8 Constructive Dismissal
Case 1 : Kilang Beras Ban Eng Thye Sdn Bhd v Yacob Bin Noor Mohamed & Anor
Case 2 : Forari Corp Sdn. Bhd. v. D Sharil Bin Harun
Case 3 : Dr. Rayanold Pereira v. Menteri Sumber Manusia & Anor ([1997] 3 CLJ Supp 116)
Case 4 : Kenneison Brothers Sdn Bhd v Selvaratnam
Case 5 : Joo Sim Kee v Patent Licht Bulbs & Lamps Sdn Bhd
Employer’s Tips
Appendix
Code Of Conduct For Industrial Harmony
INTRODUCTION
The awareness about employee rights in Malaysia has increased over the years. Unfair dismissal can be brought to the Industrial Court. Employees are entitled to claim for reinstatement to the former employment or compensation in lieu of reinstatement and back wages when they have been wrongfully dismissed.
Section 20 of the Industrial Relation Act 1967 of Malaysia sets out a provision to challenge termination of employment. This section provides an employee (irrespective of income level) who claims that he or she has been unfairly dismissed to make a representation to the Director General for Industrial Relations (Representation
) within 60 days from the date of dismissal.
The appellant can make the representation to the Industrial Relations department either by writing to the Director General of Industrial Relations (DGIR) or personally file in the office within 60 days from the dismissal. A conciliation session will be arranged between the employer and the aggrieved party to reach an amicable settlement. The employee can be represented by the union or Malaysian Trades Union Congress (MTUC). While the employer can be represented by the Malaysian Employers Federation (MEF). DGIR will extend the case to the Minister of Human Resource (MOHR) if conciliation fails. MOHR will hold the discretion to determine if it is fit to be referred the unresolved case to the Industrial Court.
The Industrial Court will