The Absence of a Domestic Inquiry is not Fatal
section 14(1)(a) of the Employment Act 1955 A “Due Inquiry” or “Domestic Inquiry” is one of the processes that must be carried out before dismissal for misconduct can be justified, as required by section 14(1)(a) of the Employment Act 1955. This procedure must be carried out before the dismissal can be justified. When wrongdoing is […]
In the case of a “Fundamental Breach,” there is no need for an Inquiry
Harapan R Sdn. Bhd. vs. RY Jabatan Perhubungan Perusahaan 7 October 1997 The parties to the dispute are Harapan R Sdn. Bhd. (hereinafter referred to as ‘the company’) and Encik RY (hereinafter referred to as ‘the claimant‘). The dispute is over the claimant’s dismissal by the company on 5 April 1994. The claimant contends that […]
Domestic Inquiry is not a MUST
Leave cannot be claimed as of Right; the Employer reserves the Discretion to Refuse or Revoke the Leave M Company v. IBS The Claimant contends that The Company contends that Photo: 李馨怡 Reason of the Claimant for absence: Leave Application Procedures Photo: Tahir Khan The claimant was aware of the procedure as he had previously […]
Breach of Contract of Service and Termination of Employment is 2 Different Things
There is no such thing as statutory termination. G Company v Nationam Union of Plantation Workers Employment Act 1955 Section 15 of the Employment Act 1955 reads: The word “consecutive” has been defined in the Oxford Advanced Learner’s Dictionary of Current English (Fifth Edition) as “coming one after the other without interruption or following continuously”. […]
The Minimum Wage is officially RM 1,500 from May 1 | 5月1日起最低工资RM 1,500
What is the Malaysia Minimum Wage? 1. On 27 April 2022, the Minister, in the exercise of the powers conferred by section 23 of the National Wages Consultative Council Act 2011 [Act 732], Gazette the Minimum Wages Order 2022 [P.U. (A) 140]. 2022年4月27日，部长行使 2011年全国工资协商委员会法令 [第732号法] 第23条所赋予的权力，在宪报颁布了《2022年最低工资指令》[P.U.（A）140]。 2. This Order shall not apply to a Domestic […]
15:Can a Labour Court hearing be held if the Employer is Absent?
Can a Labour Court hearing be held if the Employer is Absent – PDF 5
16: Can decisions of the Labour Court be Appealed
Can decisions of the Labour Court be Appealed – PDF 7
17: What are the Consequences of not complying with a decision of the Labour Court
What are the Consequences of not complying with a decision of the Labour Court – PDF 8
18: Party dissatisfied with a Decision of the Labour Officer has a right to appeal to the High Court
Austral Amalgamated Tin Bhd v. Abdul Wahab Kopon & Ors – PDF 7
19: Employees have the right to choose whichever Compensation Measure they prefer
Sar-Alam Indah Sdn Bhd v. Chua Peng Hee [2010] – PDF 12
