BSMH 5033 INDUSTRIAL RELATIONS

SEMESTER SEPTEMBER 2019

FORMAT:

A. GROUP ASSIGNMENT (45%)

1. Assignment 1 (25%)
TOPIC

Please select any Industrial Court Award relating to any of the following situation:-

A. Termination of Employment or
B. Constructive Dismissal or
C. Sexual Harassment or
D. Act of Condonation

You can get this recent awards from the Industrial Court website : www.mp.gov.my.

Please summarize the case that you have selected and identify the reasons/justification for
the termination. You are also required to identify what are the actions taken by the
employer prior to the termination and do you think that (by giving reasons) the employer
had followed fair procedures especially in compliance to the principle of natural justice
prior to dismissing the employee concerned. In analyzing the case, you are required to also
explain the principle involved in taking the disciplinary action and the processes that led to
the dismissal.

In your own words, you are also required to explain the justification/reasons for the Court’s
decision in handing down the award.

Please ensure that each group works on a different Industrial Court Award.

OBJECTIVES:

1. To evaluate whether the Company had taken the necessary appropriate action basing
on common SOP prior to the dismissal;
 2. To understand the reasons and premise used by the Court President in deciding on
the case;
3. To identify what the court looks for in the proceedings so that HR Managers are aware
of what are the do’s and don’t’s in handing disciplinary cases.

METHODOLOGIES

1. The assignment is to be done by group of four;

2. The group need to analyze in detail the Industrial Court Award and wherever
possible to cite other court cases to support the argument.
3. The group is to submit the assignment by underlying its objective clearly;
4. The analysis of the assignment includes the followings:-
i. Brief overview of the processes leading to dismissal;
ii. Describe as to whether the Company had taken the appropriate action
base on the proper process prior to termination;
iii. Identify the root cause and examine the reasons for the termination;
iv. Summarize the reasons and justification by the Industrial Court in
awarding such a decision
v. Your own comments of the award
5. Important:
Your analysis must be supported by relevant examples with specific reference to
the various related employment and industrial relations law and citation of the
court cases to substantiates your arguments.

Due Date : 14 December 2019

2. Assignment 2 (15%)
You are the Head of Human Capital Division of Syarikat Dinar Anggun SB, a
manufacturing company that has been in existence for the past 30 years. You
have been working in this Company for the past 5 years. You have been doing
fine and has always been in the good book of the CEO of the Company, Mr Ranhill.
 You have been handling the In-House Union well and there was no pressing issue
that could have disturbed the industrial harmony that had existed in the
organization so far.
Last week you received a letter from one of the female staff complaining that she
was sexually harassed by her supervisor while she was staying back for overtime
work in one of the evenings. The letter of complaint was addressed to your CEO
and his PA has forwarded it to you. The CEO also scribbled on the letter asking
you to handle the complaint immediately with extra care. Upon reading the
complaint letter, you realized that the complainant is one of the in-house union
committee members. From past experience and through your acquaintance with
her on union matters, she was not an easy union leader to deal with. She is
temperamental, argumentative and always think that the Union is always right
when discussing issues with the Management.
As the head of HCD, you are required to handle the case from the beginning until
the end and you are to submit a recommendation to your CEO detailing what are
the action that you have taken until a decision on the complaint is concluded.
Please outline the necessary steps and procedures that need to be taken in
handling the complaint so that justice is established.
Wherever applicable you are required to make references to the Industrial Court
Award or any other literature pertaining to the case.

Due Date : 14 December 2019

(Note: You are required to submit this assignment by doing a write up and at the
same time by attaching your presentation slides)

Assignment 3 (5%)

3. Presentation
Group will be required to make a 7 minutes presentation of Assignment 2.

Date of Presentation: 30 November 2019

B. INDIVIDUAL TASK (15%)

1. Individual Assignment (10%)

You have been approached by a group of employees from the non-executive

category. They have expressed their intention of wanting to form a trade union.
So far you have been able to refrain the non-executive employees from forming
the union. You are in the newspapers business and there is a national union
representing the non-executive employees, the NUNW. They came to you for an
advice on the formation of the union. As the Head of HR, you are duty bound to
provide such advice bearing in mind that the Management may not like the idea
on the formation of the union.
You are required to advise the staff representing the non-executive on the steps
and procedures in forming the Union.
Please detail out the processes and steps that need to be taken until it is fully
recognized by the Management. One of the issues that you need to convince the
staff is whether you are suggesting an in-house or a national union. Please itemize
the pros and cons of in-house and national union and what would be your advice
to the employees.

Due Date: 14 December 2019

2. Participation (5%)
Contribution and participation of the students will also be assessed
for the entire duration of the classes.

C. FINAL EXAM (40%) : 14 December 2019