Wednesday, January 23, 2013

Reference Notes on - Cases of Dismissal by lyfedancer

Reference Notes on - Cases of Dismissal by lyfedancer

Labor groups march for workers’ rights

TAIWAN TOMATINA:The demonstrators said that Ma’s policies benefit corporations at the expense of workers, such as already insufficient pensions facing further cuts.

Thousands of people from workers’ unions and labor groups took to the streets in Taipei yesterday, demanding that the government protect workers’ rights.
Initiated by the National Federation of Independent Trade Unions (NAFITU), workers organized by more than a dozen groups from across the country arrived at Taipei’s Ximending (西門町) at noon yesterday and headed out to the streets holding signs bearing their demands, such as “basic guarantees,” “uncut payment” and “against the free-trade island [policy] and worsening labor conditions.”
The NAFITU said President Ma Ying-jeou (馬英九) had spoken about the government’s plan for leading the nation to become a “free-trade island,” increasing collaboration between industry and schools and reforming the labor insurance annuity scheme in his speech on New Year’s Day.
However, these policies should not be achieved by sacrificing the working conditions in Taiwan — such as reforming labor insurance by cutting the basic payments for retired workers, or cooperating with the business sector to turn students into cheap labor for companies, it said, adding that the march aimed to make it clear to the president that workers will not accept reforms that only benefit corporations.
NAFITU president Chu Wei-li (朱維立) said the protest appealed for five demands: not cutting the labor insurance annuity payment, basic guarantees for retirement, government budget appropriation to supplement the Labor Insurance Fund if it fails to provide basic guaranteed payments, not loosening labor regulations for a free economic demonstration zone and amending Article 28 of the Labor Standards Act (勞動基準法).
The groups said that the minimum monthly retirement payment from the labor insurance annuity is currently only NT$5,183 after working for 15 years and NT$8,733 after working for 30 years, and an average worker receives only about NT$13,000 — all lower than the government’s data from last year, which showed the average living expenses in Taiwan total about NT$18,465 a month.
They urged the government not to cut the labor insurance annuity payment, which is already not enough to maintain average living standards, and said it should guarantee a basic living by supplementing the payment with government funding or from taxes imposed on employers and company owners.
Following the march, the protesters converged in front of the Presidential Office on Ketagalan Boulevard, where the event organizers staged a skit and delivered speeches. The demonstration ended peacefully after the protesters, having been given two warnings by the police that they were violating the Assembly and Parade Act (集會遊行法), threw tomatoes and eggs toward the Presidential Office, from which they were separated by barricades and police.
“We have not seen the government announce policies protecting workers’ rights, nor any sincerity toward workers,” Taoyuan International Airport Services Union standing director Yang Shao-yung (楊少庸) said, adding that despite the large number of protesters, the government failed to even send out an official to meet with them.
“Today we used only tomatoes to express our anger and dissatisfaction. Further demonstrations on larger scales may be held in the future,” he said.

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Apex court to rule on Industrial Court’s powers to reverse sacking

The Federal Court is to decide whether the Industrial Court can interfere with an employer’s decision to dismiss an employee for misconduct.
Court of Appeal President Tan Sri Md Raus Sharif, chairing a five-member panel, granted leave to Norizan Bakar, a former personal assistant to the chairman of Panzana Enterprise Sdn Bhd, to appeal against a Court of Appeals decision which did not favour him.
Raus said the legal question was important and warranted an answer from the apex court.
The panel, also comprising Federal Court judges Datuk Hashim Yusof, Datuk Suriyadi Halim Omar, Datuk Hasan Lah and Datuk Zainun Ali, unanimously allowed Norizan’s application for leave to appeal to the Federal Court on one legal question.
The question is whether the Industrial Court could consider the employer’s decision to dismiss an employee as too harsh even though the employer had proven that the employee had committed a misconduct.
A domestic inquiry was held on November 10, 1999, against Norizan on four charges, including a charge of breaching Panzana’s code of conduct for its employees by not disclosing and obtaining written approval from the company’s group chief executive officer on his (Norizan’s) direct interest as director of another company called NK Media Sdn Bhd.
The company’s code of conduct states that an employee found to be breaching that code shall be liable to stern disciplinary action, including termination of employment.
The domestic inquiry panel found Norizan guilty on the four charges and terminated his service via a letter dated November 18, 1999, which led to him (Norizan) filing a claim for reinstatement at the Industrial Relations Department.
The minister of Human Resources then referred the matter to the Industrial Court for determination.
On January 5, 2006, the Industrial Court ruled that Norizan’s dismissal was without just cause or excuse even though it (the industrial court) found Norizan guilty of the fourth charge of breaching the company’s code of conduct.
Although the Industrial Court found Norizan guilty of misconduct on the fourth charge, it (the Industrial Court) had, however, said it was only a minor misconduct and that the punishment by Panzana to dismiss him from employment was too harsh.
The Industrial Court then made an order that Norizan be paid RM109,000 in back wages and RM39,000 in compensation in lieu of reinstatement.
Panzana subsequently filed an application for judicial review at the High Court to quash the Industrial Court’s decision but was unsuccessful.
The company appealed to the Court of Appeal.
On February 10 this year, the Court of Appeal allowed Panzana’s appeal to quash the Industrial Court’s decision to order the company to pay back wages and compensation to Norizan. — Bernama


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