Introduction:

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SHAIFUL AKMANIZAL MOHD HUSSIN lwn. MOHD IRWAN ROSLI & SATU LAGI [2016] 2 SMC 114
MAHKAMAH SESYEN, TELUK INTAN
ASMADI HUSSIN HS
[GUAMAN SIVIL NO: A53KJ-146-11-2014]
28 JUN 2015

GANTI RUGI: Kecederaan diri - Kehilangan pendapatan - Plaintif bekerja dengan Tentera Laut DiRaja Malaysia - Cuti sakit - Sama ada plaintif menerima kenaikan gaji walaupun berada dalam cuti sakit - Kegagalan menyambung kontrak perkhidmatan - Sama ada kesihatan plaintif tidak mengizinkan beliau untuk melanjutkan kontrak - Sama ada terdapat jaminan bahawa kontrak plaintif tidak akan dilanjutkan memandangkan keadaan kesihatannya - Sama ada plaintif berhak menerima kehilangan pendapatan atau kehilangan keupayaan mencari pendapatan masa hadapan - Sama ada plaintif serta merta mengalami kehilangan pendapatan akibat kemalangan - Sama ada ganti rugi am diawardkan kepada plaintif

Legal Network Series

LNS Article(s)

1. TRANSFERRING AN EMPLOYEE* ^{[Read excerpt]}
   NADIA ABU BAKAR [2016] 1 LNS(A) cii

[2016] 1 LNS(A) cii



MALAYSIA

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TRANSFERRING AN EMPLOYEE*

NADIA ABU BAKAR

IN THIS ARTICLE, NADIA ABU BAKAR DISCUSSES AN EMPLOYER'S PREROGATIVE TO TRANSFER EMPLOYEES

Introduction

There may be an instance where you receive a letter from your company with the following content:

"In light of the business requirements of the Company, you shall be transferred to xx with effect from xx."

In such circumstances, can you refuse to be transferred? Is your employer liable to cover the cost of transporting your belongings as well?

Employer's prerogative to transfer the employee

This issue was raised in the recent Industrial Court case of Nur Hasmila Hafni Binti Hashim dan 9 Orang Perayu Lain v. Hong Leong Bank Berhad.^[1] In that case, the Industrial Court affirmed Hong Leong Bank Berhad's (the "Employer") prerogative to transfer its employees. Although the proceedings before the Industrial Court was conducted ex-parte because the 27 claimants in that case had decided not to participate in the hearing, the Industrial Court found that the Employer had proven that the dismissals of the employees were with just cause or excuse.

. . .

* Published with kind permission of M/s Shearn Delamore & Co.

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2. JUDICIAL LEADERSHIP* ^{[Read excerpt]}
   SIR PETER GROSS [2016] 1 LNS(A) cviii

[2016] 1 LNS(A) cviii



UNITED KINGDOM

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JUDICIAL LEADERSHIP*

SIR PETER GROSS

(1) Introduction^[1]

1. It is a privilege and pleasure to give this lecture. First, because of the long history of contact between Gray's Inn and the Inns of Chancery, of which Barnard's Inn was one. For that matter, Sir Thomas Gresham who founded Gresham College - these lovely surroundings where we are today - was a student of Gray's Inn in 1597. Secondly, because it is a delight to see an ancient tradition again flourishing; there was something of a gap between 1675 when the last Reading was given (as part of instruction by way of what we would call lectures) and 1996, when the tradition was revived. Thirdly, because of my very distinguished predecessors who have given this Reading in recent years. Old tradition though it may be, inevitably some things do change; until about 10 years ago the speaker apparently processed down High Holborn in a gown, with the Head Porter clearing the way. Unaccountably, that did not happen this evening. Times change.

2. And change, the changes in judicial leadership, is my central theme tonight. It is one that has a number of facets, in court and outside of court, all vital to the success of our justice system, both domestically and internationally. The range and extent of judicial leadership activity is striking; some aspects are traditional, of very long standing and taken effectively for granted. Others involve little short of a sea change. There is no reason whatever to suppose that the need for judicial leadership will diminish; in some areas it may well increase. The aspects of judicial leadership I wish to explore are these:

. . .

* Sir Peter Gross, Gresham College Lecture Barnard's Inn (23 June 2016). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.gov.uk/wp-content/uploads/2016/06/lj-gross-grays -barnards-inn-reading-june-16.pdf).

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