Surin’s Story : A Walk Down Memory Lane – The Right to Legal Redress
When one opens the Malaysian Employment Act 1955, Trade Union Act 1959, Employees Provident Fund Act 1991, Employees Social Security Act 1969, Industrial Relations Act 1967, Occupational Safety and Health Act 1994, Personal Data Protection Act 2010 and Companies Act 1965, they are bombarded with legal jargon and get discouraged from pursuing the matter further. Ahhh, as U2 would put it, “Numb”. This has resulted in Employers and Employees, not knowing what are their rights and responsibilities, should their work relationship take an unexpected turn for the worst.
In the early 2000’s the world was attacked by rumours that there will be a computer glitch reversing the digital algorithm to 00 (Y2K bug) and may wipe our bank accounts, it was the first time personal computers broke the 1G barrier, Wikipedia was about to be launched and the world celebrates the turn of the Millennium.
While everyone was “(2000 zero zero party over oops out of time, so tonight I'm gonna party like it's 1999”, to quote Prince, It was during this time that I was doing my attachment at a legal firm in Bandar Sunway and was asked to present my legal opinion on an accident case. Little did I realize that it was the turning point in my career.
My superior did not share my honest opinion on the liability of our client based on the accident reports provided by the police, witness’s statement, road traffic regulations and previous case laws. Needless to say, I was swayed to change my opinion to favour the client.
With strong principles, instilled by my grandmother, parents and the schooling system, this was not my cup of tea and hence, my career embarked to conglomerates.
I stand true to my principal to provide Boutique representation for Employers and Employees based on unbiased and honest answers towards their industrial relation matters.
My expertise encompasses a diverse spread of work for both Employer and also Employee as enumerated below:-
- Retrenchment
- Employee Misconduct
- Proportionality of Punishment
- Types of Offences
- The Different Types of Misconduct
- Unfair Dismissal
- Types of Actions to be taken for Delinquent Employees
- Counselling Session
- Employee Tardiness Issues
- Employee Enhancement Programme
- Industrial Relation Training
- Human Capital Training for non - Human Capital Personnel
- Contractual Disputes
- Retrenchment Exercises
- Drafting Employee Handbooks
- Drafting of Standard Operating Procedures
- Drafting of Contracts
- Drafting of Confidentiality and Non - Disclosure Agreement
- Bargaining with Unions and Drafting of Collective Agreements
- Dismissals of Employees
- Representing clients at the Labour Office and the Industrial Court
- Constructive Dismissal
- Domestic Inquiry
Some of the notable comments from clients include:-
ü "Justified sound advice and swift response."
ü "Attention to detail and lays out the facts based on the law”
ü “Responsiveness, fast turnaround time on advice and friendly”
Clients include Pharmaniaga Berhad, Sunway Group Berhad, DRB-HICOM Berhad, Prudential Assurance Malaysia Berhad, Metroport Group Berhad, Tokio Marine Insurance, BSN, BMMB, Takaful, Western Digital and Berjaya Group.
In 2005, the Industrial Court awarded payments exceeding RM28 million to employees who sued for wrongful dismissal. Isn’t it time for preventive measures to be taken to manage their employees in accordance with the Malaysian employment laws?
Statistics of Cases Referred to the Malaysian Industrial Courts (2005 - 2012)
SUBJECT
|
YEARS
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2005
|
2006
|
2007
|
2008
|
2009
|
2010
|
2011
|
2012
| |||||
Total number of cases referred
|
1859
|
2990
|
2346
|
665
|
647
|
1437
|
1346
|
1918
| ||||
Having travelled extensively thought Malaysia, Singapore, Brunei, Indonesia, Thailand, India, Mauritius, Philippines, Abu Dhabi, New Zealand, Australia, India and South Africa has enlightened and honed by people skills to address numerous employment issues.
I am also an established trainer on a vast array of IR topics and consulted by a number of large multinational organization and GLC’s on their IR issues. I have conducted numerous training for conglomerates for their Employees on Tardiness issues, Employment Act, Domestic Inquiry procedures, Due Inquiry, Rules and Regulations of a company and impact of Industrial Relation Court Cases towards its organization.
Let me help you.
Surin can be reached at:-
0123370555
s_surins@hotmail.com
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