Ahh...There's still hope!

There is still hope, I guess. Its been a while since I logged in to post, simply because there isn't anything new that isn't posted already.

Until today that is. Apart from all the doom and gloom, there might just be a glimmer of hope.....

Sacked man gets RM62,000 in back wages and compensation

KUALA LUMPUR: An employer needs to consider other alternatives before resorting to dismissal for misconduct, the Industrial Court ruled.

It made such a finding after evaluating the circumstances in the dismissal of K. Ramachandiran, 48, by Carlsberg Brewery (Malaysia) Bhd for misconduct.

Ramachandiran was caught by security personnel for having two cans of Carlsberg Special Brew beer, belonging to the company, underneath his driver’s seat when he was leaving the brewery upon completion of his shift at 11.05pm on March 5, 2002.

Court chairman Gulam Muhiaddeen Abdul Aziz ruled that the employer should have considered alternative punishment available in the light of Ramachandiran’s guilty plea and his untarnished record of service with the company for 21 years as well as mitigation by the union.

“In determining the reasonableness of an employer’s decision to dismiss, the proper test is not what the policy of the employer was, but the reaction of the reasonable employer in the circumstances.

“The company’s Rules and Regulations must always be considered in the light of how it would be applied by a reasonable employer having regard to equity and the substantial merits of the case.

“A reasonable employer would not have dismissed the claimant in the circumstances of this case. The claimant was not holding any post of trust when he committed the offence,” he said in his 19-page award handed down on Aug 26.

He said the claimant, represented by counsel A. Jayaseelan, had shown his remorse by pleading guilty from the beginning when he was given a show-cause letter.

“He had served the company for 21 years without any disciplinary problem and had been promoted from general worker to machine attendant although he had only a Standard Six qualification.

“However, just because the claimant had committed an offence which according to the company is a serious misconduct, the mitigation factors were disregarded,” he said.

Gulam said for the reasons and the grounds of equity, good conscience and substantial merits of the case, he found that the misconduct of claimant is not sufficient to justify the dismissal. Gulam said he found the dismissal to be without just cause or excuse.

He ordered the company to pay the father of two RM62,118 in back wages and compensation in lieu of reinstatement.

As for the remedy sought, Gulam said reinstatement would not be beneficial to both parties.

The company held a domestic inquiry on March 21, 2002. The claimant attended the inquiry with union representatives who mitigated for alternative punishments.

Relocation of temple shelved temporarily, says Khalid

Wah! So fast meh?

SHAH ALAM: The decision to relocate the Hindu temple in Section 19 to Section 23 has been temporarily shelved due to protests by some residents, said Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim.

He, however, said the state government is looking for more suitable sites to relocate the temple.

Earlier in the morning, Khalid had a dialogue session with residents of Section 23 to resolve the issue of the relocation of a century-old temple from Section 19 to Section 23.

He wanted to explain to the residents the reasons for the relocation and to find an amicable solution.

His explanation and that of the Shah Alam mayor Mazalan Md Noor fell on deaf ears as protesters and residents numbering some 300 constantly shouted and booed at them.

Also trying to explain to the unruly crowd were Shah Alam MP Khalid Samad, Batu Tiga state assemblyman Rodziah Ismail, and state development agency PKNS chief Othman Omar.

The dialogue session ended at about 12.30pm without any amicable solution due to the fracas.

Khalid announced that there was no final decision on the matter yet as an agreement could not be reached at the dialogue.

The dialogue was planned when residents of Section 23 here staged a protest last Friday against the Pakatan Rakyat-led government’s decision to relocate a 150-year-old temple from Section 19 to their Malay-majority area.

The protest sparked controversy when some of the participants brought along a cow’s head and left it at the gates of the state secretariat building.

And another by-election

Another by election is slated in the near future. Looks like there will be another round of campaigning by both sides.

Word of advice to all elected representatives, apart from serving your constituency, don't forget to look after yourself!