Ashgar Ali Ali Mohamed

LETTER | Discard losing full vaccinated status ‘threat’ to allure booster

LETTER | Discard losing full vaccinated status ‘threat’ to allure booster

Is there no other option to encourage them to come forward?

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COMMENT | Allow investigations of alleged sexual harassment

COMMENT | Allow investigations of alleged sexual harassment

The standard of proof is that it must be beyond reasonable doubt.

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LETTER | Judges' Ethics Committee instead of tribunal: A relook

LETTER | Judges' Ethics Committee instead of tribunal: A relook

Not all breaches of the provisions of the code of ethics would attract the establishment of a tribunal.

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LETTER | Avoid workplace conflict of interest

LETTER | Avoid workplace conflict of interest

An employee who acts against the best interests of the employer would clearly be perceived as being dishonest.

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LETTER | The syariah court’s criminal jurisdiction

LETTER | The syariah court’s criminal jurisdiction

The recognition of the syariah courts is largely due to Article 121(1A) of the Federal Constitution.

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LETTER | Recovering overpaid wages by mistake

LETTER | Recovering overpaid wages by mistake

No automatic mechanism that allows the employer to unilaterally recover the overpaid sum.

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LETTER | Confer Industrial Court with power to enforce its own award

LETTER | Confer Industrial Court with power to enforce its own award

This is to punish the defaulting party so that the fruits of the award can be materialised forthwith.

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LETTER | Prepare workers of an impending retrenchment

LETTER | Prepare workers of an impending retrenchment

Employers should hold prior consultation with the affected workers or their representatives.

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LETTER | Whipping as a deterrent punishment

LETTER | Whipping as a deterrent punishment

In the assessment of a sentence, the main consideration is the question of public interest.

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LETTER | Water woes: Vigorous enforcement of law urgently required

LETTER | Water woes: Vigorous enforcement of law urgently required

The relevant government agencies must discharge their duties without fear or favour.

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LETTER | Whipping for driving under influence of alcohol or drugs

LETTER | Whipping for driving under influence of alcohol or drugs

It is seen as a form of deterrent and enjoys the status of retributive punishment.

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COMMENT | Voluntary arrangements into early retirement must be genuine

COMMENT | Voluntary arrangements into early retirement must be genuine

It is important for the company to inform employees selected for VSS of need to reduce workforce.

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LETTER | Hiring workers on fixed-term contract

LETTER | Hiring workers on fixed-term contract

The employer should not resort to fixed-term engagement as a means to deprive workers of job security.

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LETTER | Protection against disclosure of wrongdoings

LETTER | Protection against disclosure of wrongdoings

The whistleblower should be lauded for the disclosure and not vilified or victimised for speaking up the truth.

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LETTER | Ensure migrant workers' safety at the workplace

LETTER | Ensure migrant workers' safety at the workplace

All forms of exploitation and abusive practices against workers in the workplace should not be condoned.

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LETTER | Redundancy, retrenchment and lay-off

LETTER | Redundancy, retrenchment and lay-off

LETTER | During the current Covid-19 pandemic, it is a common industrial practice to lay-off part of the labour force.

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LETTER | Intoxication a workplace misconduct

LETTER | Intoxication a workplace misconduct

The punishment has to be proportionate with the nature and gravity of the misconducts committed.

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LETTER | Go after those employing undocumented migrant workers

LETTER | Go after those employing undocumented migrant workers

LETTER | An undocumented migrant worker is more vulnerable to various forms of exploitation.

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LETTER | Embracing technology to transform legal education

LETTER | Embracing technology to transform legal education

The traditional one-way lecturing will soon become a fading fashion in the higher education sector.

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LETTER | Priority hiring should be national to migrant workers

LETTER | Priority hiring should be national to migrant workers

The economic impact of Covid-19 has resulted in the unemployment of the local workers.

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LETTER | Status of workers in change of business ownership

LETTER | Status of workers in change of business ownership

The law states that a contract of service cannot be transferred from one employer to another without the employee’s consent.

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Disruptive behaviour at workplace can court dismissal

Disruptive behaviour at workplace can court dismissal

COMMENT | Your length of service and previous record of clean service may not be able to assist you in mitigation.

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Inculcate conflict resolution skills in future lawyers

Inculcate conflict resolution skills in future lawyers

COMMENT | They do not need the 'think like a lawyer' skills - and so the law school curriculum must be adjusted accordingly.

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Unfair dismissal: Pleading reinstatement but hoping for monetary compensation

Unfair dismissal: Pleading reinstatement but hoping for monetary compensation

COMMENT | Conflicting authorities of the court is encouraging the claimant to be untruthful in his claim.

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