So, ‘General’ Au is leaving us. After he had served us in Paradise sandy Beach Resort for exactly 1 year and 1 month. We the department heads are sad that he is leaving us, we truly enjoyed working with him, though antagonistic at times. I relate much to him because General Au shares the same mindset with me, our idealistic notion regimental management. This is the only way that work gets done here in Penang. Don’t get me wrong, Penangnites are good people, but too relaxed.

Now, he is leaving us and he is so lovable that everyone wants to give him a farewell, thus sending all the department heads on a road trip to Au’s favourite place. Tambun seafood village…

To get all the DHs to go on a road trip similar to this is not an easy task, that is why I will always choose to stay out of it, “tai chi” the coordination to someone else. A new rookie, Mr. Rajah, our new Safety and Security Manager. He did all the coordination, getting all the confirmation from all the DH’s and being on the receiving end, he received various source of information, ideas and comments on where the dinner should be held, what to eat, traffic, weather, timing and everything. Some DH’s would say… “huh? so early hor… cannot la, i have to pick up my kids, send them home bla bla bla…” I feel sorry for Rajah.

So okay, finally we are suppose to meet at the Security check point at 1830 hours, I will drive the company van. All on board we departed the hotel, heading to Mr. Gan’s home to pick him up in Jalan Gajah, a stone’s throw away. As I revved up the engine and gained acceleration everyone in the van … everyone started to pray. I swear I was only doing about 60kmh..

Everyone was very impressed where Gan is living, a gated enclave of semi-D and Town Houses. What cracked the silence in that van that evening was no one else but Au; “… So Gan, this is a nice enclosed place, are you sure you are living with your wife or mistress..?” The pandemonium started from there and it never stopped till we reach Tambun. The decibels went up higher when we picked up vivien on the way. On the way to vivien’s house, i had a very good navigator, Zainal. He practically tells me to turn into a junction at the very last minute.

It was truly an eventful and ejoyable evening in Tambun, we had killer prawns, killer crabs, killer fish, killer clams and everything was a killer, so is the cholesterol! the word Killer was the most frequently used word that evening. Au brought along two bottles of wine served the Ah Beng’s way, not in wine glasses but in small glasses, where it is used to serve chinese tea with ice cubes. I can relate that glass more vividly by … “ah pek, Leong Fan 20 cents ha.. “. That kinda of glass.

The trip back to Paradise was a quiet trip, everyone was either too full with all that ‘killer’ food or too cholesterolized to notice that I was doing 120kmh, except for our new EAM, Mr. G.Nithi, he had been looking at my speedometer all the time… He is a great guy, welcome to Paradise Mr. Nithi.

Allow me to tell you my twisted opinion on why employers rely on foreign workers.

We started clearing the Dalat School field bushes for car park space as we were expecting high occupancy and additional vehicles from our guest. (total 1200 pax for that weekend)

Work started around 1000hrs. 6 men, with 4 machettes, 3 cutters and a hoe. The workers are from Myanmmar.

Observe the large tree on the background. Observe that they have already cleared some working ground on the right.

1300hrs, we reached the large tree shown on earlier.

Executive Housekeeper “General” Au, giving instructions to his men.

Observe where the van is parked. That was where we started. Where i stood to take this picture, I was 15 feet away from the large tree.

All done in three hours. Now compare this to the locals.

Six men will start work. It is expected that they will take three days to clear. From the six persons, three will claim MC on the second day, one will claim that his “saudara” pass away, one will not turn up to work. You will be left with only one person who would tell you “…penatlah….”

You make the call …

He said hiring of foreign workers, be it legally or illegally, would not help to upgrade the technology in the country as the foreigners recruited are not highly skilled and have low productivity.

“We must ensure this craze to engage foreign workers is stopped. This is a big problem besetting the country in efforts to realise the goal of emerging as a nation of distinction.

“This is because the employers pay low wages and low costs. If they cannot get foreigners with valid documents, they go for those without documents.

“If this is their way when every time there are job vacancies, ultimately it will have adverse impact on the nation,” he said in his winding-up speech on the last day of the four-day Umno General Assembly.

Abdullah, who is also Umno president, said the government had made appropriate changes by ensuring children enjoy free education from Standard One until Form Five.

“This is in line with plans to produce quality and highly knowledgeable human capital to propel the nation to higher productivity.

“If before there were students who were unable to continue their studies after Standard Six due to poverty and some can only make it until SRP, (now Penilaian Menengah Rendah (PMR), but now there will be no more such dropouts.

“This will ensure they will at least have a higher education when they apply for jobs after leaving school besides ensuring poor students don’t drop out from school midway through their studies,” he said.

With the changes made by the government to the employment sector, expansive industries or new factories coming to Malaysia would be required to be hi-tech to guarantee higher productivity and quality products.

He said the manpower needed would be prepared and given early training in collaboration with the industrial sector.

“With the measures we’re taking, God willing, the craze to hire lowly-paid, low productivity and low-quality foreign workers will fade away,” he said.

Abdullah said he believed these changes can be done immediately as they are not something difficult with proper planning in place.

He said the foreign workers’ issue and employing locals would have an impact on the rural populace who are equally talented with the urbanites.

“Students in rural areas must be given equal education and skills training opportunities. We don’t want a situation whereby in towns it’s good and not good in rural areas,” he added.

– BERNAMA

I managed to obtain an Olympus Semi Automatic camera, can’t remember the model, a good camera with 10X Optical Zoom, 5.1 Megapixel. Though it is a little old, but it did have a very good flash range and remarkable lens that gives you good pictures.

I took the liberty to take some shots of my staff, some were posing and some were candid shots. I love the candid shots, it paints a thousand words…

The contract of service is as defined in the employment act as

“ means any agreement, whether oral or in writing and whether expressed of implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract.”

Here, we interpret as “one person agrees to employ another as an employee” which is the master and it is an employment and; “that other agrees to serve his employer”. The word “serve” here means that the person signing the document agrees to come under authority. Here we see the existence of a “master and servant” relationship.

Whereas the contract for service differs as there is no master of servant relationship is involved.

Ready Mixed Concrete (South East) Ltd v Minister of Pensions Insurance

“A contract of service exist if the following three conditions are fulfilled:-

a) The servant agrees that in consideration of a wage or other remuneration he will provide his own work and skill in performance of some service for his master.
b) He agrees expressly or impliedly that in the performance of that service he will be subject to other’s control in sufficient degree to make that other master.
c) The other provisions of the contract are consistent with its being a contract of service.”

What is the acid test for a contract of service?

And in the words of Cooke J in Market Investigations Ltd v Minister of Social Security (1962) 2 QB 173 said: -

The fundamental test to be applied is this ‘Is the person who has engaged himself to perform these services performing them as a person in business on his own account? If the answer is ‘yes’, then the contract is a contract for services. If the answer is no, then the contract is a contract of service”

Here, employers have to be very careful in drafting a contract and whether a person is an employee or not depends on the contract itself. How was it written? What are the terms and conditions? Do the terms and conditions reduced in writing imply that the person is an employee or even contains similar conditions of an employee?

A lot of employers fail and would only think that so long that the title is written Contract For Service and the other person signs it, we are safe. I would safely say that understanding is wrong and may get you in a lot of trouble. Ask yourself those questions before you do anything.

Dear All,

This is truly meaningful, in the eyes of men; he is doing a fantastic job in giving to the needy. However, what does God teach us in giving to the needy? Matthew chapter 6:1-4 sees Jesus reminding us on giving to the needy.

Mat 6:1 Take heed that ye do not your alms before men, to be seen of them: otherwise ye have no reward of your Father which is in heaven. (King James Version)

Jesus tells us to be careful not to do your ‘acts of righteousness before men, to be seen by men. Why? This is because, God does not want us to be glorified by men nor have men to think or judge what kind of person we are. The issue here, what does God think about you would be more important than what would men think about you.

Mat 6:2 – 4 Therefore when thou doest thine alms, do not sound a trumpet before thee, as the hypocrites do in the synagogues and in the streets, that they may have glory of men. Verily I say unto you, they have their reward. But when thou doest alms, let not thy left hand know what thy right hand doeth: That thine alms may be in secret: and thy Father which seeth in secret himself shall reward thee openly. (King James Version)

In days of Jesus, people would sound the trumpet or spread the news if someone who came and did a good deed by giving away shekels of silver to the poor. Then the whole village would run to the man and in the hope to obtain some silvers to get on with their daily lives. But then it would result the synagogues or religious gathering for the Jewish to worship, would praise them (the donor) for their good deeds. The question here is; Do we do a good deed to be honored by men?

I have nothing against charity. Jesus reiterated to us that, when we do charitable act, ensure that your acts are done in secret. Not to be honored by men and have men sending emails about you to rest of the world. When we do a charitable act, we are to do it as we have compassion for the needy, done out of the love of God, not expecting any reward. God assures us that if it is done in secret, then we would be rewarded openly, how and when, we do not know. Maybe Mr. Buffet did not warrant this attention intentionally, though he did officially announced that he had donated USD31 million to the Gates foundation. It is not for me to judge, but we are to be wise on who we seek to be an inspiration in our lives. With the information age today, it is very easy for us to stray from God with an array of fiery darts from the enemy through emails. It is amazing on how would Satan try to deceive us from our attention towards Him. Take up the shield of faith and faith comes from hearing the word of God. This is just, a good corporate inspirational tale.

Jason Teoh
Human Resource Manager
Paradise Sandy Beach Resort
Blog: jasonteoh.wordpress.com

________________________________________

Subject: Warren Buffet…

Morning all,
A very meaningful summary from Warren Buffet interview…

There was a one hour interview on CNBC with Warren
Buffet, the second richest man who has donated $31 billion to charity.
Here are some very
interesting aspects of his life:

1. He bought his first share at age 11 and he now regrets that he started too late!

2. He bought a small farm at age 14 with savings from delivering newspapers.

3. He still lives in the same small 3-bedroomhouse in mid-town Omaha , that he bought after he got married 50 years ago.
He says that he has everything he needs in that house. His house does not have a wall or a fence.

4. He drives his own car everywhere and does not have a driver or security
people around him.

5. He never travels by private jet, although he owns the world’s largest
private jet company.

6. His company, Berkshire Hathaway, owns 63 companies. He writes only one letter each year to the CEOs of these
companies, giving them goals for the year. He never holds meetings or calls them on a regular basis. He has given his CEO’s only two rules.

Rule number 1: do not lose any of your share holder’s money.

Rule number 2: Do not forget rule number 1.

7. He does not socialize with the high society crowd. His past time after he gets home is to make himself some pop corn and watch Television.

8. Bill Gates, the world’s richest man met him for the first time only 5 years ago. Bill Gates did not think he had anything in common with Warren Buffet. So he had scheduled his meeting only for half hour. But when Gates met him, the meeting lasted for ten hours and Bill Gates became a devotee of Warren Buffet.

9. Warren Buffet does not carry a cell phone, nor has a computer on his desk. His advice to young people: “Stay away from credit cards and invest in yourself and Remember:
A. Money doesn’t create man but it is the man who created money.
B. Live your life as simple as you are.
C. Don’t do what others say, just listen them, but do what you feel good.
D. Don’t go on brand name; just wear those things in which u feel comfortable.
E. Don’t waste your money on unnecessary things; just spend on them who really in need rather.
F. After all it’s your life then why give chance to others to rule our life.

Have you lost any good employee talent recently? Was it necessary to lose them? Why did they leave, was it for a better opportunity or because your organization needs a serious look at the way it treats is most valuable asset, it’s people.

Granted that during a person’s career, regardless of their expertise and experience, sooner or later people move on. It is a fact of corporate life. Presidents leave, managers leave, salespeople leave and administrative support staff leave. They leave for many reasons.

-They are bored.
-They don’t feel appreciated.
-They feel like they are worth more than you are paying them.
-They are tired of the corporate BS and politics.
-They no longer believe in the mission or purpose of their organization.
-They are tired of working for incompetent or selfish managers.
-They have been offered a position that is more in line with their career path objectives.

There are others.

Here’s the problem. When you invest time and resources in an employee and they leave before you get a chance to re-coop your investment, you have to start all over again with another new employee. When you lose a good employee this is also true but other employees may wonder why they are staying?

The major problem with losing good employees is just replacing them with a body, someone who can or will do the job but may not be a stellar employee contributing to improved effectiveness and performance.

The other problem is that good employees tend to leave before the bad ones. The good ones know they can and will find a better position that is more rewarding and challenging. The bad ones may tend to ‘hide-out’ in the organization for years. You don’t have to be a rocket scientist to quickly grasp that if you keep losing your best employees and your worst ones keep staying that sooner or later your organization is going to be made up of a bunch of poor employees. Do you think this situation will have any impact on your overall effectiveness, performance, profits and future success?

Want to keep your good employees longer? There is a solution and it is really quite simple

-Treat your employees with respect and trust.
-Listen to them.
-Compensate them fairly.
-Communicate openly with them.
-Develop and train them.
-Validate them.
-Accept the fact that sooner or later everyone leaves, so send them on with your blessings.

There’s more but if you will do just these I guarantee that they will stay longer giving you a better return on your investment i

Article Source :

http://www.bestmanagementarticles.com

http://human-resources-mgt.bestmanagementarticles.com

About the Author :
Tim Connor, CSP is an internationally renowned sales, management and leadership speaker, trainer and best selling author. He is the best selling author of over 60 books including; Soft Sell, That’s Life, Peace Of Mind, 91 Challenges Managers Face Today and Your First Year In Sales. He can be reached at tim@timconnor.com, 704-895-1230 or visit his website at www.timconnor.com.

(a) Appeal Against High Court Order – Whether Industrial Court Exercised Function Of Criminal Court In Determining Misconduct Of Employee

In the Court of Appeal case of KA Sanduran Nehru Ratnam v. I-Berhad; [2007] 1 ILR 257, the respondent company dismissed the appellant employee for taking 1.5 litres of thinner from the respondent’s premises without authorisation. The Industrial Court had held that the appellant’s dismissal was not only without just cause and excuse but also unreasonable, not in good conscience and excessively harsh. The Industrial Court also held that since the appellant was gainfully employed it would be better that there be no order of reinstatement. The Industrial Court consequently ordered the respondent to make monetary compensation to the appellant consisting of back wages and compensation in lieu of reinstatement. However, the High Court quashed the said award and ordered that the matter be remitted to the Industrial Court to be dealt with accordingly before a different panel. Hence, the appellant’s appeal to the Court of Appeal.

Held
The learned judge adopted the correct approach when he said that what matters was not the type of thinner taken out from the respondent’s premises but the taking out of the 1.5 litres of thinner without authorisation. It was not disputed that the thinner was taken out without authorisation. The learned judge was also right when he found that the Industrial Court had committed an error of law in finding that the thinner that was taken out by the appellant was unwanted thinner. Further, the learned chairman had also wrongly taken into consideration that the respondent only suffered a minimal loss as it only involved 1.5 litres of thinner. The value of the thinner taken out of the factory by the appellant was immaterial. What was material was that the thinner was the respondent’s property and the appellant was not authorised to take it out of the respondent’s premises.

The main and only function of the Industrial Court in dealing with a reference under section 20 of the Industrial Relations Act 1967 is to determine whether the misconduct or irregularities complained of by the management as to the grounds of dismissal were in fact committed by the workman. If so, whether such grounds constitute just cause and excuse for the dismissal. The High Court will not interfere with finding of facts by the Industrial Court unless the same are completely unsupported by evidence. In the instant appeal, the finding of facts made by the learned Chairman could not be supported. Moreover, the learned Chairman introduced technicalities of the court of law instead of going into the substantial merits of the case. In determining the misconduct of the appellant, the Industrial Court proceeded as if it was exercising the function of a criminal court. As such, the appellant could not contend that the High Court had acted as a court of appeal under the circumstances of the instant appeal. From a reading of the learned judge’s decision, this court was satisfied that he appreciated that judicial review was not an appeal from the decision but a review of the manner in which the decision was made.

The learned judge was perfectly correct in ordering that the matter be remitted for re-adjudication before another Chairman of the Industrial Court although this relief was not specifically prayed for in the respondent’s application.

Court Of Appeal dismissed appeal and affirmed orders of the High Court. Case to be remitted to Industrial Court for re-adjudication before another Chairman.

What has the world become?

Social degradation seems to be something acceptable these days. Singapore’s founding leader may in his opinion that the goverment should not be the moral police, who then it should be? The goverment has a duty to keep the nation’s social and moral integrity.

I remember very well that God made Adam and Eve, not Adam and Eddie. Doesn’t that give us a clue? God had also removed a rib from the man and made woman. Never blame God and say “… oh… God made me that way … part of a woman is still in me! ” It was removed remember?

Jason Teoh

I find this an interesting article. Many would think that brochures are advertising of the past, but today with the internet technology, people still need something that they are able to “feel”.

Regards,

Jason

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Kirby D. Payne, CHA, is president of The American Hospitality Management Company which provides consulting and management assistance to hotels in the U.S.
The following are some ideas for distributing promotional brochures and packages for your hotel. Most of them were provided by George P. Hannau of Bill Bard Associates (516-681-7974). They are an excellent national brochure and graphics company.

I. Brochures

Start with your own property. Brochures strategically located at the registration area, bell captain’s or travel desk, and public areas including the restaurant, cocktail lounge, shops and of course, guest rooms for packages and special promotions. Educate your managerial and sales staff to carry brochures wherever they go! This should include sales calls, blitzes, civic meetings, and any where a potential referral source or meeting planner might be encountered. (You run into an acquaintance at the grocery store who has an out of town friend along who he introduces as the head of 3M’s travel department.

II. Mailings

A. Utilize qualified lists (purchased or complied from directories and other sources) of people, companies, and organizations in your market area.

B. Previous quests.

C. All inquiries-direct, from advertisements, Chamber of Commerce and Convention and Visitors Bureau.

D. Special Promotions like golf and tennis, honeymoons, singles, family, or weekend package plans.

E. Vacation and sports clubs including indoor senior centers and travel departments of rural banks.

F. Tour bus operators.

G. Incentive firms who arrange trips for large groups and companies. Minneapolis-based Carlson Companies is probably the largest in the world.

H. Travel departments of companies that set up accommodations for their traveling executives.

III. Bulk Distribution

A. Independent properties. Reciprocal trade of brochures with other properties not competitive with yours (those one day’s drive or more away.)

B. Franchised properties. Reciprocal trade of brochures with other franchised properties in feeder market cities and national; sales representatives.

C. State information offices.

D. Chamber of Commerce/Department of Tourism (U.S. Travel Service)

E. Highway information centers.

F. Tourist attractions.

G. Libraries and supermarkets in selected areas.

H. Travel agencies:

In-house mailing through lists, directories or pre-printed labels.
Distribution by reputable mailing house.
Approved package plans through Air Travel Conference and included in the Consolidated Air Manual.
Mail periodically to those travel agencies to which a commission has been paid in recent years.
I. Airport city properties should exchange brochures with properties in other airport feeder cities.
J. Your hotel and representative offices, both those of the chain the hotel is affiliated with and any independent representatives which they may be retained.

K. Dining and public areas of large corporations and manufacturers.

L. Airline, train and bus terminals and sales offices.

M. Car rental agencies.

N. Government offices

O. Trade and travel shows.

It is a good idea to mail inquiry cards at pre-planned intervals to the above mentions sources to check if they have an ample supply of your brochures.

It is not just good enough to have quality collateral materials; it is critical that they be widely distributed into the hands of likely users of your facilities and to those who will refer guests. As a final thought, monitor the effectiveness of your distribution by coding materials when appropriate and asking everyone who inquires, makes a reservation of walks in how they heard of your hotel.

For additional information, contact:

Kirby D. Payne at the firm

American Hospitality Management Company
1500 South Highway 100, #375, Minneapolis, MN 55416
Phone: 763-591-7640 Fax: 763-591-1593

email: kpayne@american-hospitality.com