INTRODUCTION

The Employment Act 1955 (“Employment Act”) governs employment law in Malaysia.
The Employment Act defines the minimum advantages that must be provided to all employees
who meet certain criteria. For applicable employees, any provision in a contract of employment
that claims to offer less beneficial advantages than those set out in the Employment Act is invalid
and must be substituted with the Employment Act's minimum benefits. However, certain
provisions of the Employment Act do not apply to certain types of employees. For instance, several
provisions of the Employment Act, such as remuneration, hourly wages, and maternity protection,
do not qualify to domestic servants. Employment law is created to ensure workplace fairness, and
it can greatly enhance productivity while also being a reasonable reaction to demographic and
social change. Legislation improves employee interactions and increases employees' fairness and
respect in their company. Finally, it can contribute to the achievement of strategic HR and business
objectives. (“Ceris Burns International”, 2017)
Case study one is about Izmer Harris, who has been accused of sexually harassing one of
the company's female employees. The company's Human Resource Manager took action by hiring
an investigator to look into the case, but Izmer refused to cooperate because he was upset about
being accused of sexual harassment. Following that, he used harsh words and threatened the
manager. He threatened that if anyone dared to mess with him, he would teach them a lesson they
would never forget.
Case study two is about Min Ho Pa. He has been working diligently to reorganize every
employee's computer so that they can work from anywhere. He has also been working extra hours
to ensure that other employees' computers and network connections are not disrupted. However,
the manager discovered that Min Ho Pa is becoming increasingly stressed and using inappropriate
language when interacting with other staff members. One morning, there is a disagreement
between two employees of the company, Suzy and support staff Min Ho Pa, over a broken laptop.
They acted in this manner as a result of the stress caused by the covid-19 pandemic that struck our
country. Suzy has used harsh words and attempted to provoke and bring down Min Ho, a support
staff member.

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DISCUSSION OF KEY POINTS

CASE STUDY 1
AN ACCUSED OF SEXUAL HARRASMENT

1) Do you think this is a violent situation? Why or why not?

- Yes, because Izmer Harris should not touch the female employee at the workplace. His action is
considered sexual harassment and it will affect the female employee. Sexual violence is defined
as any sexual act or attempt to obtain a sexual act through violence or coercion, acts to traffic a
person, or acts directed against a person's sexuality, regardless of the victim's relationship.
(“Wikipedia Contributors”, 2021)

2) Do you think disciplinary action is warranted?

- Yes. Izmer Harris, the male worker in the case study, should face disciplinary action.

3) If so, identify the behavior or conduct that is inappropriate.

- Sexual harassment, make a treat to the human resource manager, do not cooperate when being
interviewed by the investigator, made a negative comment towards coworkers and use
inappropriate language.

4) What is your recommended action? What would you do at this point?

- Firstly, as a Human Resource Manager, I should find out who is the anonymous female worker.
After that, I must treat the complainant with respect and care because employees frequently find it
difficult to report discrimination or harassment. They are fearful and fragile. This may have effects
on the performance of their job, and it may also prompt them to consult a lawyer. Next, I will ask
all the individuals involved. Begin by speaking with the female employee who made the complaint

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and determine the actual nature of her worries. After that, I must find out what was said or done,
when it happened, where it happened, and who else was present. After that, I will speak with
Izmeer who have been accused of discrimination or harassment and obtain information from him
as well. Make care to interview any witnesses who may have witnessed or heard any questionable
behavior. Lastly, I will take the necessary steps to punish the offender. If I determine that
discrimination or harassment happened, I should also determine how to properly punish the
offender. For more serious forms of discrimination and harassment, such as threats, stalking, or
recurrent and unwanted physical contact, firing may be necessary. If the harassment is the result
of a misunderstanding, a milder punishment, such as a warning or counselling, may be appropriate.

5) What are the expected consequences if you do the above recommendations?

- If action has been taken against the offender and the case has been resolved, the company can
create a better and more harmonious workplace environment. In addition, the company can also
create a company that takes sexual harassment seriously.

6) Do you think Izmer Harris has made a threat?

- Yes, he has made a threat because according to Collins Dictionary, a threat is a declaration made
by someone that they will do anything unpleasant if you do not do whatever they want. Therefore,
when Izmer Harris said “I’ll show all of you; nobody messes with me. I’m going to teach all of
you a lesson you’ll never forget!”, he made a threat towards the manager.

7) Which laws have been violated based on the above case?

- Based on the above case, there are two laws that have been violated by Izmer Harris.

1. Employment Act of 1955 (“EA 1955”)

Sexual harassment is defined as “any inappropriate sexual conduct of a sexual nature, whether
verbal, nonverbal, visual, gestural, or physical, focused at a person, which is insulting or
humiliating or is a threat to his well-being, arising out of and in the scope of employment”. (“Yeoh

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& Pua Jun Wen”, 2020) Effectively, the EA 1955 makes it a legal requirement for a company to
investigate a sexual harassment allegation made by a worker within 30 days of receiving the
complaint. This law has been violated when Izmer Harris has been accused of sexual harassment
by a female employee.

2. Penal Code section 503.

Whoever threatens another with damage to his or her individual, credibility, or assets, or the person
or credibility of anybody in whom that individual has an interest, with the intention to cause alarm
to that person, or to trigger that individual to do something he or she is not legally required to do,
or to omit doing something that a certain person is legally obligated to do, as a way of escaping
the execution of such threat, is guilty of a felony. (“Penal Code Section 503 (Malaysia)”, 2021)
This law has been violated by Izmer when he said “I’ll show all of you; nobody messes with me.
I’m going to teach all of you a lesson you’ll never forget!”

8) What are some effective thoughts that would let you see this situation in a different light?

- Sexual harassment will cause adverse effects on its victims but if viewed from the positive side,
if a case of sexual harassment occurs, the company can raise awareness about how bad the effects
of sexual harassment are to a person. In addition, it will also cause the victim not to be afraid to
make a report if someone has committed sexual harassment against him or her.

9) Discuss some specific recommendations to handle or reduce sexual harassment

intention/conduct in the workplace.

- Reducing sexual harassment has a lot of advantages for a company and its employees, including
creating a culture that recognizes that prejudice and sexual harassment are unethical and can have
negative consequences in the company, helping employees feel secure and are treated respectfully
at work, as well as maintaining company principles and following corporate ethics and personal
morality.

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Some of the ways to handle or reduce sexual harassment intention in the workplace are:

1. Know what sexual harassment is and how to avoid it.

- Sexual harassment should be understood by all employees. Some of the examples are
unwelcome jokes, body movements, insulting attire words, and inappropriate remarks, any
other physical contact, such as scratching or rubbing a colleague on the back, Unwelcome
flirting or multiple attempts for dates that are rejected and showing sexually explicit
objects, photos, or posters.
2. Ascertain that the workplace has a sexual harassment policy.
- The company should make a sexual harassment policy public and guarantee that all
employees are aware of it. Clear whistleblower and reporting methods should be included
in the policy.
3. Establish explicit processes for reporting harassment.
- Any behavior that makes them or other employees uncomfortable must be reported by all
employees. One thing the organization has learned from the latest charges is that employees
have shielded rather than reported coworkers who are acting inappropriately at work.

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CASE STUDY 2
THE BURNT-OUT EMPLOYEES DURING COVID-19

1) What are your thoughts about the above situation?

- My thought about the above situation is Suzy and Min Ho Pa have violated the law under Section
14 of the Minor Offences Act 1955, any type of insulting behavior, whether in the form of using
insulting or inappropriate words, language, as well as gestures, that is conducted with the purpose
of disturbing peace or trying to provoke someone else, is considered an assault under the law.
(“Minor Offences Act 1955 (Revised 1987)”, 2021) This also indicates a case of verbal abuse.
Most people associate violence with physical assault. Workplace violence and harassment, on the
other hand, is a much larger issue. It is considered as an act where a person is mistreated,
threatened, bullied, or assaulted at work. It has the potential to influence and involve employees,
clients, customers, and visitors. It's also worth mentioning that workplace violence and harassment
aren't limited to crimes that happen in a traditional workplace. Work-related tragedies can happen
at off-site business functions, at social events related to work, in clients' homes, or away from work
but causing from job, including a threatening telephone conversation from a customer to your
home.

2) Why do you think Min Ho and Suzy act in such behavior?

- I think Min Ho and Suzy act in such behavior due to stress. Throughout Covid-19, workers face
mental health challenges as a result of job insecurity and the affiliated financial concerns, resulting
in an increase in the pervasiveness of depression and anxiety. According to recent research from
Ohio State University, this not only has strong implications for one's mental health and wellbeing,
but also for one's employee commitment. "A global pandemic may cause some people to consider
their own mortality, which will unsurprisingly make them more frustrated and less engaged at
work," says one expert. (“Adi Gaskell”, 2020)

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3) Now that this situation has escalated, what is your recommended action? What would you
do at this point?

- Firstly, I will try to calm them both down to avoid a worse fight. After that I will tell Suzy to give
Min Ho some time to fix the broken laptop. In addition, Suzy can use a spare laptop provided by
the company for use in an emergency. Next, I will open a vacancy to hire an assistant to help Min
Ho's job in this company.

4) Which laws have been violated base on the above case?

- Both of Suzy and Min Ho have violated the law under Section 14 of the Minor Offences Act
1955, any type of insulting behavior, whether in the form of using insulting or inappropriate words,
language, as well as gestures, that is conducted with the purpose of disturbing peace or trying to
provoke someone else, is considered an assault under the law. (“Minor Offences Act 1955”
(Revised 1987), 2021) This is because Suzy said “YOU ARE SO STUPID! ONLY STUPID
PEOPLE WOULD MESS UP A COMPUTER THE WAY YOU DID,” and “DON’T YOU FEEL
ASHAMED FOR WHAT YOU HAVE DONE TO ME? YOU ARE SUPPORT STAFF, THAT’S
WHAT YOU ARE PAID FOR...” to Min Ho Pa. When Suzy said that, it looked like she was trying
to provoke and demean Min Ho Pa as a support staff in the company. Min Ho also show his bad
side when he replied “WHY DON’T YOU GET A JOB THAT YOU CAN HANDLE? JUST
WASTING MY TIME REPAIRING AGAIN AND AGAIN...” to Suzy. Any person who violates
this law shall be fined not more than one hundred ringgit.

5) What are some effective thoughts that would let you see this situation in a different light?

- During this pandemic, it will certainly affect the mental health of employees due to stress and
anxiety. however, if viewed from the positive side, it trains employees to work in situations where
they have to work under pressure and in turn will motivate them. Moreover, it will also teach them
to be tolerant in doing jobs as employees in the same company.

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6) Discuss some specific recommendations to handle or reduce stress or burnt out of your
employees.

- Anxiety and stress at work can have a negative impact on employees' physical and emotional
health, resulting in lost efficiency and increased health-care costs. Employers, thankfully, can help
employees feel healthy while also benefiting their bottom line by trying to reduce workplace stress.
Some of the ways to handle or reduce stress or burn out of my employees are:
1. Communicate with my employees.
- As a manager, I must ensure that my team is up to date on the latest advancements and
administrative adjustments. Furthermore, open communication is a two-way road, and the more I
interact with my staff, the more probably it is that they will share worries, suggestions, and
opinions, resulting in much greater working relationships and a better health as a whole workplace
culture.
2. Provide a 'chill out' room in the office.
- Some people require 15 minutes to unwind, re-group, and disconnect from technological
advances and overall work-related relations. Providing a quiet place or a chill out room where staff
members can spend 15 minutes alone with their feelings can significantly minimize workplace
stress and burnout significantly. People tend to feel recharged and re-energized to handle the rest
of the day after taking a brief break away from distractions.
3. Create a social activity.
- Employees spend plenty of time with their coworkers, so it is essential that they get along. The
more people who enjoy their job, the better the environment, and a healthy work environment leads
to higher productivity, creativity, and cooperation. I could organize team lunches, nights out, social
occasions, group away days, or schedule for a presenter to come into the office on a way that will
benefit my staff because social event is great for stress reduction, boost of confidence, and team
building.

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RECOMMENDATION

1. Conduct background checks on new hires.

- Hiring is the first step in preventing workplace violence. A thorough background check on job
applicants can reveal whether or not the applicant has a violent history. If something comes up,
request a clarification and confirm that it is compatible with the report. If they have a recent violent
conviction, HR manager may consider to rescind the job offer in order to avoid such behavior in
the place of work.

2. Human resource managers must ensure all employees work in a positive work
environment.
- One of the key responsibilities of the HR department is to ensure that the workplace is conducive
to employee productivity. Workers in a good environment are more likely to talk out about
problems that bother them. One of the ways the HR department can create a positive work
environment is by conducting employee surveys to allow HR managers to measure job satisfaction
and expectations. These surveys assist HR in gathering information about issues that concern
employees, such as pain spots, expectations, and areas for improvement.

3. Training and awareness are critical components in the prevention of workplace violence.
- All company must consider taking the time to hold training sessions on how to react to a violent
incident so that your employees know what to do if one occurs. Employees must be fully trained
so that crucial decisions can be made faster. This gives a team member the trust to react in a
controlled and responsible manner throughout a serious altercation.

4. Make an effective communication channel.

- Effective communication is important in the prevention of workplace violence. If your employees
are exposed to a workplace communication system, it can make them understand, recognise, and
inform early signs of potential violence, rather than brushing them underneath the rug and
returning to work. Providing them access to resources for conflict resolution helps them feel more
responsible for communicating.

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CONCLUSION

In conclusion, violence in the worksite is a significant threat that can cause harm physically
and emotionally, as well as harm a company's image. Workplace violence typically manifests itself
in the form of violent attacks or threatening behavior, and, on rare occasions, murder. Regardless
of the severity of the violence, it is harmful to employees and can have an effect on efficiency even
in mild crimes. However, workplace violence is observable and can be avoided. There are
preventions and processes employees can take in the workplace, just like there are for any other
issue. It is entirely up to the employer to determine how to implement procedures and safety
regulations.

A company is obliged for reducing the likelihood of violence occurring in their workplace.
They are responsible for providing a safe working environment for their employees. The company
obliged to train employees to recognize warning signs as an important step in the prevention
process. Moreover, evaluating and analyzing threats as a group helps to direct the firm's reaction
and identify security measures that are required. In the case of workplace violence, an ounce of
prevention is truly worth a pound of cure. Employees must take red flags seriously, implement the
appropriate security measures for the potential attack, and practice responding to an active shooter.

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REFERENCES

1. Website
- Yeoh, L., & Pua Jun Wen. (2020, June 24). Sexual harassment at Workplace: Is this the
new normal? Lexology.com. https://www.lexology.com/library/detail.aspx?g=75ca9442-
c00c-4795-8dbe-435125a786d3
- Penal Code Section 503 (Malaysia). (2021). BurgieLaw; BurgieLaw.
https://www.burgielaw.com/resources/act?act_title=Penal+Code§ion=503#:~:text=Whoe
ver%20threatens%20another%20with%20any,any%20act%20which%20that%20person
- Randolph, M. (2011, October 10). How to Handle Discrimination and Harassment
Complaints. Www.nolo.com; Nolo. https://www.nolo.com/legal-
encyclopedia/guidelines-handling-discrimination-harassment-complaints-29490.html
- Adi Gaskell. (2020, October 21). The Impact Of Covid-Related Stress On Employee
Engagement. Forbes. https://www.forbes.com/sites/adigaskell/2020/10/27/the-impact-of-
covid-related-stress-on-employee-engagement/?sh=48e988b3711b
- 5 smart ways employers can reduce stress in the workplace | Shaw Gibbs. (2016). Shaw
Gibbs. https://www.shawgibbs.com/services/businesses/hr-services/employers-can-
reduce-stress-in-the-workplace
- Government of Canada, Canadian Centre for Occupational Health and Safety. (2021).
Violence and Harassment in the Workplace: OSH Answers. Ccohs.ca.
https://www.ccohs.ca/oshanswers/psychosocial/violence.html
- How to Prevent Workplace Violence in 12 Ways | ALICE Training. (2015, November
13). ALICE Training. https://www.alicetraining.com/alice-institute-training/10-ways-to-
prevent-workplace-violence/

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APPENDIX

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