SERIAL CLAIMANT - Background Checking Is Important
Chan Wang Tak
AUTHOR of 400 Q&A On The Practice of Of Malaysian Labour Laws, recognized as PAKAR INDUSTRI NEGARA (National Industry Expert) by JPK of Min. of HR, C&B Lecturer & Consultant
This man Khoo Khim Loang obviously has found a creative and interesting way to make a living. He makes full use of the stupid industrial relations law in this country that allows even newly joined employees who got dismissed to file for reinstatement. Now, starting Jan 2021 all dismissal cases that are not settled amicably at the IR Dept will automatically be referred to court. His pickings will be even better. For him, it is 17 down, 400,000 more unsuspecting employers to go!! I know of another such personality, an HR Manager who goes by the name of Peter Tan.
This chap's modus operandi is : go find a job, get himself sacked as quickly as possible and then file a complaint of unfair dismissal to claim for reinstatement back into the job and along the way, squeeze as much "out of court" settlement as he can during the conciliatory session at the IR Dept or even while the case is already referred to court. A great many employers are ignorant and fearful of labour laws and court proceedings and so they agree to pay and settle to keep the case out of court. Some smart employers would rather pay some money now to settle the case than to waste time at the IR office negotiating a settlement, waste time in court, waste time and energy preparing for the hearing, filing papers, face problems digging out witnesses who have long forgotten the details of matter, and still spend lawyer fees anyway. For this chappie, if he wins the case in court he gets his loot from the court's award. If he loses the case, so be it for his losses are minimal since he represents himself and does not engage a lawyer. In the meantime, he is out hunting for a job and netting a bounty from other employers. We cannot get to not know how many employers fall victim to him even as his cases are waiting to be heard in court, can we?
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A few employers who have capable HR professionals to handle such matters will stand firm and see him in court, and ending up winning the case against him.
Therefore, do background check diligently. As an HR professional, you owe that duty to your employer. Next, arm yourself with the skills to competently handle a case at the Industrial Court. You don't need a lawyer if Khoo Khim Loang does not. Or are you inferior to Khoo Khim Loang at that?
Assistant HR Manager at Samling Group of Companies
3 年can consider this as a crime? deliberetly play victim
People Leader ll People Builder ll In-Search of Talented Professional ll Accredited Trainer ll Change Management ll Cross Boarder Transformation & Integration
3 年I offer my 2 cents... 1. HR, top in hierarchy, in MY and Indonesia are largely from OD background who used to spend monies on trainings and developments.. Aiiiyaaaa IR case, outsource to IR lawyer le.. let them make some monies. On the other hand, some good soul like the late Murugavell and geng who always on the employee side, is a balance to our IR landscape. 2. The present HR tends to be silo in function, gone the day where a 'Senior Manager' who is well rounded and industry relevant. Many HR now has sophisticated title. Question is do they really understand what is happenning in their profession, business and Industry? I bet many of them not. i.e. an organization with a full Talent Acquisition team still engaging external agency to head hunt mid level candidate, does this not sound funny? My understanding is that many of them remains as a recruitmemt administrator only. 3. I agreed that practising HR needs to be legal /IR relevant. At least full apprehension of the Law, practises and precedent. Self representation or with IR counsel assiatance is OK, but the HR has to take the lead. Perhaps, Chan sir can consider running a HRDF claimable training. I offer myself as your assistant. Haha