by DNH (BD) | Feb 18, 2022 | Employment Law
As it has been over 2 years since the pandemic began, we are now seeing more decisions from the Industrial Court about employees who were dismissed due to the COVID-19 situation. In Choong Wai Kit v Tropicana Shared Services Sdn Bhd [Award No. 244 of 2022, 14 February...
by DNH (BD) | Jan 24, 2022 | Employment Law
When there is a deadlock in the collective bargaining process, the dispute may be referred to the Industrial Court for determination. Recently, in Kesatuan Pekerja-Pekerja Plusliner Sdn Bhd v Plusliner Sdn Bhd [Award No 1216 of 2021, 21 August 2021], the Industrial...
by DNH (BD) | Jan 21, 2022 | Employment Law
On 3 January 2022, the Industrial Court in Jayaprakas a/l Ramadass v Anytime Sdn Bhd (Award 24 of 2022) upheld the dismissal of a redundant retail employee. Here, the Industrial Court examined the impact of the pandemic on the employer’s business and held there was a...
by DNH (BD) | Nov 24, 2021 | Employment Law
Retrenchment should always be perceived as the “last resort” for a business. We explore some alternatives to retrenchment that employers can consider to maintain business viability while retaining their workforce. Reorganization Over the years, the functions of a...
by DNH (BD) | Nov 15, 2021 | Employment Law
The question often arises as to whether an employee on a fixed term contract is in reality, a permanent employee. Employers may hire employees on a fixed term basis when there is a genuine need to do so. Upon the expiry of the contract, the employment naturally ends...
by DNH (BD) | Nov 5, 2021 | Employment Law
The Industrial Court recently upheld an employer’s decision to retrench its employees in the middle of the pandemic, as the employer had suffered commercial setbacks. The cases of Lim Eng Hua v Coliseum Café & Hotel (KL) Sdn Bhd [Award No. 1541 of 2021] and...
