Indutrial Relationship

Topics: Employment, Termination of employment, Legal terms Pages: 6 (1998 words) Published: April 12, 2013

Reasons for the termination 2

The outcomes of the dispute 3

The impact of the dispute to the organization5

Conclusion 7

References 7

一Industrial Relation is a major component both for the employee and the employer within the work environment. However, in recently disputes between an employer and its employees seems strain their relationship. A ‘trade dispute’ is defined in the IRA as any dispute between an employer and his workmen which is connected with the employment, no-employment or the conditions of work of any such workmen. There are some reasons for the dispute of an employee such as ‘wages & allowance’, ‘personnel & retrenchment’ and ‘indiscipline & violence’ and so on. In this assignment, I will use the case ‘FoodReg Malaysia Sdn’ to explain the reasons, impact and the outcomes to the employer and employee of the dispute. This case is about a termination of Matthew Tan Kok Hwee许雅慧(以下简称“为”索赔人)2008年3月6日Hwee on 6 March 2008 by FoodReg马来西亚私人有限公FoodReg Malaysia Sdn. 转载必究(以下简称Bhd. And as the claimant Tan Kok Hwee, he feels not fair about this termination, so he sued the company to the industrial court to ask for this termination about whether the dismissal made by FoodReg Malaysia Sdn. 转载必究(以下简称Bhd the 答辩公司是有或没有正当理由或借Respondent Company was with or without just cause or excuse.

Reasons for the termination
Matthew Tan Kok Hwee who is the claimant is an operation manager in FoodReg Malaysia Sdn the respondent company. The claimant was terminated by the respondent company on 6 March 2008 because of some reasons, so the claimant sued the company to the industrial court to ask whether the termination is with or without a just cause. Termination of employment is the end of an employee's duration with an employer. Depending on the case, the decision made by the employee, the employer, or mutually agreed upon by both. (Aminuddin, M. 2003) Under this case, the termination was made by the respondent company is because the 运营管理工作,你现在正在Operations Management work that the claimant is currently doing has 减少,预计将进一步减少在不久的将diminished and is expected to diminish further in the near future. And also the company mentioned that there was a general business downturn at the time of the 停止索赔人的答辩cessation of the claimant's employment with the respondent c公司不再是有操作company and there no longer is the position of Operations 在被告公司经理;及Manager in the respondent company; and(索赔人没有被解雇,但他受雇于 the claimant was not dismissal but that his employment with 被告公司停止根据及the respondent company ceased pursuant to and in 按照协议之间的相互accordance with the mutual agreement between the r投诉和索赔人。respondent and the claimant However the claimant contended that 索赔人的冗余终止的幌子下the termination under the guise of redundancy is 马拉驱动的真正原因所在声actuated by mala fide where the purported reason for 终止是站不住脚的,缺乏说服力和/或不支持的termination is baseless, unconvincing or unsupported by 具体的证明;和concrete proof; and (二)索赔人的终止和索赔人的解the termination and the dismissal is 没有任何正当理由和/或在违反原则without any just cause or in breach of the principles of 自然正义和/或不公平的劳工实践和/或非法的。natural justice or unfair labor practice or unlawful. So the claimant sued the respondent company about whether the dismissal made by the 答辩公司是有或没有正当理由或借Respondent Company was with or without just cause or excuse. The outcomes of the dispute

As both of the employer and employee, the industrial relation act (IRA) making a number of available ways to resolve the trade dispute peacefully. The IRA also defines the techniques or the agencies involved in the use of these ways. (Ayadurai, D. 1998)

In Malaysia, the Industrial Disputes Act 1967and 1959 are the main legislation for investigation and settlement of all industrial disputes. Under this case, according to the evidences showed by the respondent company 一个真正的决定是即该索赔被感化that a bona fide decision was made that the Claimant probationer was不适合长期就业。 unsuitable for permanent employment. 的负担在于答The Respondent公司以证明其案件的概率平衡是求偿的 Company proved its case on a...
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