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  • CASE(S) HIGHLIGHT

  • CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTEL PETALING JAYA) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESTORAN SEMENANJUNG MALAYSIA
    FEDERAL COURT, PUTRAJAYA
    NALLINI PATHMANATHAN FCJ; ABDUL RAHMAN SEBLI FCJ; MARY LIM FCJ
    [CIVIL APPEAL NO: 02(f)-4-01-2018]
    24 MARCH 2021

    Under the National Wages Council Consultative Act 2011 and its subsidiary legislation, Minimum Wages Order(s) from 2012-2020, hoteliers are not entitled to utilise part or all of the employees' service charge to satisfy their statutory obligations to pay the minimum wage. Neither could the service charge be incorporated into a clean wage or utilised to top up the minimum wage. Service charge, being monies collected from third parties, does not belong to the hotel. When paid by a customer as part of the bill, ownership of those monies does not vest in, or transfer to the hotel. The hotel is holding the monies in trust for eligible employees to be distributed on a specific date as provided for in their contracts. Since the monies do not belong to the hotel, the hotel cannot utilise the service charge to meet the statutory obligation for minimum wage. To allow otherwise would be amounting to ask the employees to "pay themselves from their own monies".

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  • ARTICLE HIGHLIGHT

    Protect workers with safe, healthy work environment

    MALAYSIA
    Employment

    With almost 151 million cases globally, the Covid-19 pandemic has had an immeasurable impact on our world, resulting in far-reaching health, social and economic consequences, disrupting the lives and livelihoods of people all over the world. Covid-19 has disclosed many vulnerabilities. It has had an especially profound impact on the world of work with high infection rates in some settings leading to closure of manufacturing industries, construction sites and entire service industries.Migrant workers, who make significant contributions to economies and many of whom are in the front lines, have been disproportionally affected by Covid-19.

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  • Case launched against TikTok over collection of children’s data

    Data protection
    Ex-commissioner alleges TikTok app breaching children's data protection law
    A former children’s commissioner for England has launched a “landmark case” against the video-sharing app TikTok, alleging that it illegally collects the personal information of its child users. Anne Longfield, who held the commissioner post between March 2015 and February this year, has lodged a claim in the high court on behalf of millions of children in the UK and the European Economic Area who have used TikTok since 25 March 2018.

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  • Bus driver sacked after knocking cyclist off bike loses unfair dismissal claim

    UK
    Employment
    Employer's decision to sack bus driver reasonable in light of 'dangerous and unacceptable' behavior
    A bus driver who was fired after for hitting a cyclist was not unfairly dismissed, a tribunal has found. An Edinburgh employment tribunal ruled that the decision by Lothian Buses to dismiss Mr Sam Beech, who had worked at the company for 11 years until his dismissal on 27 September 2019, was not “too harsh”. Despite raising some concerns over the investigation of the incident by the operator, the tribunal said Lothian Buses had “a genuine belief’ that Beech had acted in a “dangerous and unsafe manner” and that, given the nature of his job, the decision to dismiss was “reasonable”. On 21 September 2019, Beech was pulling out of a bus stop when a cyclist “banged” the outside wing mirror of the vehicle, prompting Beech to sound his horn.

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  • Childcare worker sacked for refusing flu shot

    AUSTRALIA
    Employment
    Worker who refused flu vaccine loses unfair dismissal appeal
    A childcare worker sacked for refusing to get a flu jab lost an appeal yesterday with the Fair Work Commission to get her job back. Bou-Jamie Barber claimed she had received unfair dismissal when she was fired in August last year for refusing to get the vaccine. Industrial relations and employment lawyer Ellie Bassingthwaighte told Neil Breen the ruling will inform other employers with vulnerable workforces considering implementing such a policy. “Importantly, it’s going to depend on three factors: firstly, the industry and the workplace in which you’re operating, the type of vaccine, … and it’s also going to depend on the individual.”

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  • Office manager denied remote working because boss ‘knew what was best for her’ awarded £60k at tribunal

    UK
    Employment
    Manager forbidden to work remotely from son's hospital bedside was discriminated against
    An office manager was discriminated against after she was told she was not allowed to work remotely from her son’s hospital bedside as he underwent treatment for cancer, a tribunal has ruled. The Leeds employment tribunal found that Lorraine Hodgson, who worked for Martin Design Associates until her resignation in July 2019, was directly discriminated against on the grounds of sex and was constructively unfairly dismissed after her boss denied her remote working request in part because of “his belief that he knew best for the claimant”.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (05 May 2021)
  • PU(A) 97/2021
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (Kawalan Pergerakan Bersyarat) (No. 4) 2021
    PU(A) 97/2021
    Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Conditional Movement Control) (No. 4) Regulations 2021
    PU(A) 96/2021
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (Kawalan Pergerakan) (No. 4) 2021
    PU(A) 96/2021
    Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Movement Control) (No. 4) Regulations 2021
    AKTA 339
    Akta Kumpulan Wang Amanah Negara 1988
    ACT 339
    National Trust Fund Act 1988
  • Latest Revoked (08 April 2021)
  • PU(B) 208/2018
    Declaration of Road At Federal Territory of Labuan As Designated Federal Territory Road



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