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FACULTY OF BUSINESS AND MANAGEMENT

BACHELOR OF BUSINESS ADMINISTRATION (Hons.)

HUMAN RESOURCE MANAGEMENT

MALAYSIAN EMPLOYMENT LAW

(HRM581)

INDIVIDUAL SHORT CASE STUDY ASSIGNMENT

PREPARED FOR:

MISS NIK AZLINA BINTI ABDULLAH

PREPARED BY:

SUHANA BINTI SAFIEE

(2020368797)
RBMHA

SUBMISSION DATE:
22/01/2022(SEMINAR 5)

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Questions 1
Badrul is a driver at FDA Transportations Sdn. Bhd. in Sarawak. This year is his third year
working at the company. He earns RM2,800 per month. Recently his wife gave birth. He
applied for paternity leave but according to the company’s policy, all-male employees are not
entitled to paternity leave. He applied for annual leave, but due to peak season, his application
was rejected. He also applied for RM800 advance of wages to pay for his wife’s hospital bill,
but his application was rejected.

Based on the information provided, answer the questions that follows.

a) Justify if Badrul is under the scope of the Employment Act, Sabah Labour Ordinance
or Sarawak Labour Ordinance.
Badrul is under Sarawak Labour Ordinance because he working under private sector.
Badrul is a driver at FDA Transportations Sdn. Bhd. He earns RM2800 per month and
wage limit is RM2500 but he still under the act because he working as a manual worker
as a driver.

b) Describe Badrul Rights for annual leave

Badrul has rights for annual leave because he works at the company for three years.
He can take annual leave for 12 days because according to annual leave (Section 60E)
employees that working more than 2 years but less than 5 years can take annual leave
for 12 days. The right for annual leave is only after complete 12 months of service
besides he already meets the legal requirement which complete 12 months of service.
But his application was rejected because annual leave is subject to employer’s timing.
So it is still complied with the law even when Badrul’s application has been rejected
and he has a rights for annual leave.

c) Describe Badrul’s rights for an advance of wages

Advance of wages refer section 22, an employer may provided an advance on wages
for certain purposes with the maximum amount is one month wages. For Badrul
situation, he can get advance of wages but he needs sole discretion of the employer
with reasonable excuses to pay for his wife hospital bills.

d) Justify whether the company’s policy of not providing paternity leave to male
employees complies with the law.
The company policy of not providing paternity leave to male employees complies with
the law , In the law it provides maternity leave to female employee only as stated in
section 37 and not provide for paternity leave to male. Otherwise male employee

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applies for paternity leave, he needs sole discretion of the employer. For the Badrul
situation, the company policy all male employees are not entitled for paternity leave.

Question 2

Ali is working as a finance clerk at Pine Hotel Sdn Bhd in Kuala Lumpur. He just joined
the company last year. His monthly wage is RM1,500. Recently, the company received
a report that he has stolen money from the Finance Department’s petty cash box.

Based on the information provided, answer the questions that follows.

a) Justify if Ali’s behavior is classified as misconduct.

Yes Ali behavior is classified as misconduct under section 14 of Employment Act
1955 defines on the grounds of misconduct as the behavior inconsistent with the
express or implied conditions of his service, after due inquiry, dismiss without
notice the employee. The company received a report that he has stolen money
from the Finance Department petty cash box.

b) Describe two situations where the employer has the rights to suspend Ali from his
employment.

Two situation where the employers have rights to suspend Ali from his employment
are during investigation and after domestic inquiry have been carried out.

Under section 14(2) of the Employment Acts , for the purpose of an inquiry under
subsection (1) the employer may suspend the employee from the work for a period
not exceeding two weeks but shall pay him not less than half wages for such period.

Other than that, employer has right to suspend Ali after he was found guilty to the
act of misconduct. Under Section 14 of Employment Act, there are 4 penalties can
be given to the employees if found guilty which is warning, suspension, demotion
and dismissal. The employer need to consider certain factor before they decide
what is the fair punishment for Ali as he was found guilty for misconduct act.

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