Advise Minnie About Her Rights for Reinstatement, as Well as the Procedure She Needs to Comply Under the Industrial Act 1967
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Advise Minnie about her rights for reinstatement, as well as the procedure she needs to comply under the Industrial Act 1967
In this case Minnie had been terminated by his employer, Mr. Stilton because she had been told that she is not fit in with the culture of the studio because she had been argue about the termination of her brother Mickey.
Mr Stilton argued that Mickey was merely an independent contractor where he is bound by a contract for service. His obligation to do certain job very much distinct from the more general obligation to serve generally within the scope of his class defined in his contract
Minnie are advise to make the reinstatement that is under the section 20(1) of the Industrial Relations Act 1967, a dismissed workman can make representation in writing to the Director General for reinstatement , if he considers that she has been dismissed from the service without just cause or excuse by her employer.
The representation must be made within sixty days from the date of such dismissal so Minnie can make the can make representation in writing to the Director General for reinstatement because she has been fired without reasonable claim. Minnie can consider that the dismissal of her service as a wrongful act which is the excuse that had been made by Mr. Stilton is without any cause.
Minnie can ask for money claim (past wages in lieu of notice period for dismissal. This is happen refer to Norhanizan Ismail v Utusan Melayu (Malaysia) Bhd that the plaintiff has been dismissed on the Sept 15.2004 without proper and valid domestic inquiry done. Industrial Court ordered the Defendant to pay her reinstate as well as exemplary award as dismissal was done in bad faith without just cause or excuse.