FAIRNESS & EQUALITY :

CASE STUDY OF
SIME DARBY BERHAD
2014

Descriptions

Pages

1.0

Introduction

2.0

Definition and concept of Fairness and Equality

3.0

Explanation and Description of Fairness and Equality Concept in

the Context of Industrial Relations (IR) at Sime Darby Berhad

4.0

Explanation and Description of Fairness and Equality Concept

at Sime Darby Berhad

5.0

7
10

Implications of Fairness and Equality on Industrial Relations (IR)

in Sime Darby

13

6.0

Suggestion for Improvement

14

7.0

Conclusion

16

References

1.0

Introduction
Fairness and Equality in Industrial relations is the important concept and value that

isto be applied and adopted by the organizations. The industry in Malaysia has widely
adopting the fairness and equality value in their practices as to ensure industrial relations
principle will be implemented and the organization to have better system that given fairness
and equality to its employees.
For the analysis of fairness and equality in the organizations, Sime Darby Berhad has
been chosen due to the Sustainability Report of the company that shows its sustainability
practices that applied fairness and equality value of industrial relations as well as its
diversified business. Being the Government Link Company (GLC), at first impression bring
that Sime Darby is the multinational Company that can be a good example to other business
on how fairness and equality should be implemented

1.1

Background Of Organisation : Sime Darby Berhad & Its Businesses

Sime Darby Berhad is multinational company and currently has the operations in

more than 20 countries and as key player in Malaysian economy. As one of the diversified
multinational Company, with businesses in key growth sectors namely, plantations, property,
motors, industrial equipment, energy & utilities and healthcare. Sime Darby was incorporated
in 1910 by businessmen William Sime, Henry dEsterre Darby and Herbert Mitford Darby to
manage 500 acres of rubber estates in Malacca, Malaysia. From such humble beginnings,
Sime Darby has grown into one of Malaysias biggest multinational corporations.
On 11 September 1978, Sime Darby Berhad was incorporated in Malaysia and in
November 2007, Kumpulan Sime Darby Berhad merged with plantation, Golden Hope
Plantations Berhad and Kumpulan Guthrie Berhad and was renamed Sime Darby Berhad The
synergy from the merger has yielded great benefit and become the major player in
3

plantations, property, heavy equipment distribution motor vehicle distribution, energy &
utilities. This align with the merger and acquisition theory that the merger bring the
diversification of the business, improved management, market power or tax motives
(DePhamphilis, 2005; Gaughan, 2002).
For the past 100 years, its business divisions seek to create positive benefits in the
economy, environment and society the economy, environment and society. With a workforce
of over 100,000 employees in over 20 countries and is committed to building a sustainable
future for all its stakeholders.is committed to building a sustainable future for all its
stakeholders
Sime Darby is now continuously show its great performance and become one of the
largest companies listed on Bursa Malaysia and has a market capitalisation of RM57.9 billion
as at 28 May 2014 (Bursa Malaysia, 28 May 2014) and (News Strait Times, 2014)

1.2 Main Business Activity

1.3 Major Stakeholders

The main shareholders of Sime Darby are Permodalan Nasional Berhad (PNB) and
The Employees Provident Fund (EPF). As at 30 June 2013, Permodalan Nasional Berhad
(PNB) has the equity interest of 51.6% while Employees Provident Fund (EPF) with a 13.2%
stake. PNB is the national unit trust agency and principally involved in the acquisition and
holding of shares to promote greater ownership of share capital in the corporate sector by
Malaysian Bumiputeras and (EPF) operates the Malaysian provident fund scheme whose
members comprise mostly private and non-pensionable public sector employees.

1.4 Organization Structure

1.4.1

Board of Director

Dato' Abdul Ghani Othman

Tan Sri Dato Sri Hamad Kama Piah

Che Othman

Tan Sri Dato Sri Dr Wan Abdul Aziz

Wan Abdullah
Tan Sri Datuk Amar (Dr) Tommy Bugo
@ Hamid Bugo

Datuk Zaiton Mohd Hassan

Tan Sri Samsudin Osman

Tan Sri Dato Dr Wan Mohd Zahid

Mohd Noordin

Tan Sri Datuk Dr Yusof Basiran

Dato Sri Lim Haw Kuang

Dato Henry Sackville Barlow

Dato Azmi Mohd Ali

Ir Dr Muhamad Fuad Abdullah

Tan Sri Dato' Seri Mohd Bakke Salleh

1.4.2

Executive Leadership

Presiden & Group Chief Executive

Tan Sri Dato' Seri Mohd Bakke Salleh
Group Chief Operating Officer
Managing Director, Property Division
Dato' Seri Abd. Wahab Maskan

Group Chief Financial Officer

Tong Poh Keow

Executive Vice President, Plantation Division

Executive Vice President, Industrial Division
Datuk Franki Anthony Dass
Scott William Cameron

Executive Vice President, Energy & Utilities Divisi

Executive Vice President, Motor Division Non- China Operations
Dato Ir. Jauhari Hamidi
Dato Lawrence Lee
Executive Vice President, Energy & Utilities Division
China Operations
Timothy Lee Chee Tim
Executive Vice President,
Group Strategy & Business Development
Alan Hamzah

Executive Vice President,

Group Corporate Services
Philip Kunjappy
Executive Vice President,
Group Human Resources
Zulkifli Zainal Abidin

Group Head, Group Risk Management

Glenn Charles Daly

Group Head, Group Compliance and

Group Corporate Assurance
John Edward Arkosi , OBE
Group Head,
Communications & Corporate Affairs
Leela Barrock

Group General Counsel, Group Legal

Choo Suit Mae

Group Secretary
Norzilah Megawati Abdul Rahman

2.0

Definition and concept of Fairness and Equality

(European Industrial Journal Dictionary, 2011) has define fairness principle is a strike

that must be conducted in accordance with the rules of fair play and must not be aimed at
destroying the other side's means of existence.
The fairness concept can be divided into three which are procedural fairness,
interactional fairness and distributive fairness (Helosa Perista and Eudelina Quintal, 2010).
The concept of procedural fairness corresponds, often seen in salary increases, disciplinary
systems, performance evaluation, recruitment and selection.
Other than that the concept of interactional fairness reflects the quality of interaction
with the decision-maker whether the decision-maker acts with respect and dignity and
provides appropriate and logical justifications to the workers. While distributive fairness is
related to the fairness of the results achieved or purposes, such as wages, evaluations,
disciplinary processes, profit-sharing, promotions and the acceptance or rejection of
candidates.
However, for equality according to (European Industrial Journal Dictionary, 2011),
equal opportunities refers to an equal distribution, among individuals, of opportunities for
education, training, employment, career development and the exercise of power without their
being disadvantaged on the basis of their sex, race, language, religion, economic or family
situation, and so forth.

3.0

Explanation and Description of Fairness & Equality Concept in the Context of

Industrial Relations at Sime Darby Berhad

3.1

Group Policies and Authorities and Code of Business Conduct

Sime Darby has adopted its Code of Business Conduct (COBC) and Group Policies

and Authorities (GPA) that derived from the Groups Core Values and Business Principles
which are integrity, respect and responsibility, excellence and enterprise and their Business
Principles that are Health, Safety and Environment, compliance, working with local
communities and fair business practices (Sime Darby Berhad, 2011). The company always
promote to all staff, business partners and vendors to apply fair business practices and
compete in an ethical manner and expected to adhere to standards of behaviour aligned to
7

promoting a fair, honest and ethical business environment (Sime Darby Group Code of
Business Conduct (COBC), 2011).
Sime Darby Group Policies and Authorities (GPA) that govern and guide all
employees regarding all matters relating to business to ensure compliance with internal
control and the prescribed laws and regulations . The policies need to be adhered by all
employees. Any conduct on the part of an employee inconsistent with the faithful discharge
of his duties or any breach of the express or implied duties of an employee would constitute
an act of misconduct.
As such, Sime Darby has Industrial Relations Unit in its Human Resource Department
to manage the conduct of its employees. Appropriate action will be taken by following
companys GPA, policies and procedures and governed by Labor Law and Industrial
Relations Act 1967 to ensure fairness and equality to the employees. Example, the employee
who fond had breach the confidentiality of the company information will be investigated as
govern by the Industrial Relations guideline by the company before any action taken to the
employee. It is subject to the policies and law of whether the employee to be terminated or
any other appropriate action to be taken.
3.2

Labour Practices
Other than that, Sime Darby has shown its commitment of industrial relations in the

value of fairness and equality through its Labour Practices. Sime Darby are committed to
equal opportunity to their workforce and do not tolerate discrimination on any grounds (Sime
Darby Berhad, 2013) . They show respect to their employees legal rights with respect to
freedom of association and aim to maintain an open and effective relationship with their
employees. As such, Sime Darby Berhad has adopted Labour Practices through their Human
Resources policies include:
i.

Non-discrimination on the grounds of colour, race, religion, ethnicity, national origin

or gender

ii.

Zero tolerance towards physical or verbal discriminatory harassment in the workplace

iii.

Protecting the rights of employees to be treated with dignity and respect

iv.

Respecting the rights of employees to freedom of association

8

v.
3.3

Ensuring grievance channels are available

Job Grading System
Sime Darby has implemented job grading system for its Non-Executive staff and its

performance and bonus pay out is based on collective bargaining. Job grading system is to
facilitate and categorise the job structure and to be paid based on their allocated work. The
example of job grading system at Sime Darby are Assistant I, II and III, Officer I, II and III,
Supervisor I, II and III etc.
3.4

Wage Structure for Sime Darby Plantation Workers

Majority of workers of Sime Darby Plantation in the palm oil estates in Malaysia are

imported and immigrants from Bangladesh and Indonesia. While it is local workers for palm
oil estates in other country. Sime Darby Plantation workers wages are determined through a
collective agreement with the unions concerned with the welfare of the workers in each
country where it operates (Sime Darby Plantation, 2013). This includes, for example, an
additional months salary for workers before the Lebaran or Eid celebration in Indonesia.
Other example is that the wage structure for its workers in Liberia operations has followed
the unions and regulations of Republic of Liberia.

3.4

The Gender Policy

Sime Darby also has potray the fairness and equality value through the adoption of

The Gender Policy (Sime Darby Berhad, 2011). This implementation is in line with the need
for fair and equal gender policies in the work place. The needs of the policy to be
implemented as Sime Darby currently employs more than 8,000 women workers in its estates
and mills across Malaysia with the policy aims to improve and uphold womens rights,
working conditions, housing and amenities, wages, safety and security, reproductive health
and child care as well as to prevent gender-based discrimination, sexual harassment and
domestic violence.
The company has conducted the pilot phase of the programme by collaborative effort
between the Plantation Division and Tenaganita, an NGO dedicated to protecting the rights of
9

women. Workshops, training and engagement sessions conducted with women employees
across all plantations in Malaysia and were conducted in three different languages English,
Bahasa Malaysia and Tamil to ensure optimum uptake and success of the programme.
Therefore, with the implementation of Gender Policy, Sime Darby hopes to continuously
ensure the well-being of its women workers, in line with the principles of human rights,
equality and fairness.

4.0

Explanation and Description of Fairness & Equality Concept at Sime Darby

Berhad
Fairness and equality concept and practices recognise that different people have
different needs and may in some respects need to be treated differently in order to provide
genuine equality of opportunity, leading to greater equality of outcomes (European
Foundation on the Improvement of Living and Working Conditions, 2008). However, the
concept of equality is related with the concept of fairness. Normally whatever that brings
inequality will also be seen as bring unfairness. However, fairness need not necessarily
portray equality.

4.1

Rewards Scheme
Sime Darby strives to promote a culture of performance and accountability to its

employees by having reward and benefits structure that fairly given to their employees. The
company firmly believe in the importance of adequately rewarding high performers and
achievers.
Rewards not only come in the form of compensation. They are also managed through
variable pay system (performance bonus) that is given based on the performance appraisal of
the employees. Thus, the amount of bonus will be discussed at the Remuneration Meeting of
Board of Directors and distributed fairly to the employees based on their performance. The
performance of each employees determined by mid-ear and year-end appraisal with their
internal system of Performance Excellence Program (PEP).
The fairness value demonstrated through the rewards and performance system that
require validation by their immediate superior, head of department as well as Group Human
Resource. The practice by Sime Darby has aligned according to (Donald E. Conlon,
10

Christopher O.L.H. Porter and Judi McLean Parks, 2004) regarding the equity and equality
rule, reward allocation rules provides subjects with information about individual performance
levels as well as information about the relationship that exists among the parties.

4.2

Benefits
Sime Darby constantly reviewing and benchmarking against best practices the

benefits package been offered to their employees. The benefits programme in the Group is
very comprehensive and to ensure fair benefits scale are given to the employees, the
entitlement of the benefits is based on their position and responsibilities at the company. The
employees with higher position will receive better benefits than lower position. In this case,
the fairness portrays through the better benefits for employees that have bigger
responsibilities to the company. However, in the benefits aspect fairness does not mean
equality. Amongst the benefits to Sime Darbys employees are:

Employer's Employee Provident Fund (EPF) Contribution of up to 16% (for Malaysia

operations)

Annual Leave averaging 22 days per year

Maternity Leave of 60 days on full pay

Interest Subsidy on housing loans

Car Allowances under our Senior Management Car Scheme

Motor Vehicle Loans

Outpatient medical and hospitalization coverage for employees and family members

Financial assistance in furthering your education

Loyal service awards

11

In addition. to ensure fairness of the benefits to be received by all estate, mill workers
and staff that are located in the estate and mill, they are provided with accommodation within
the estate. For married workers are allotted homes with two or three rooms, while unmarried
ones occupy rooms within a house. The housing area provided by the company has the
recreational and commercial areas and most importantly provided by piped water and
electricity. Currently it was propose Central Housing Complex (CHC) which has better
equipped with the facilities was launched by the Prime Minister of Malaysia on 16 April 2012
at Tennamaran Estate.
4.3

Training and Learning Opportunities

Sime Darby Berhad has given equal opportunity and committed to invest in
continuing education, training and development for their people with average of 15 hours of
training attended for all employees in FY 2012/2013 (Sime Darby Berhad, 2013). This to
ensure fairness and equality given to the employees for their professional and personal
growth.As such, Sime Darby Berhad has established its Sime Darby Leadership Centre
(SDLC) to align the talents of the company with their strategic goal of developing future
leaders. Amongst the training centre own by Sime Darby are:

Sime Darby Leadership Centre, Malaysia

Sime Darby Plantation Academy, Malaysia

Minamas Institutions, Indonesia

Sime Darby Industrial Academy, Malaysia

Hastings Deering Institute of Technology, Australia

Tractors Singapore Limited (TSL) Training Centre, Singapore

CEL Industrial Equipment Training Centre at Shunde, Guangdong, China

Xin Jian Training Centre, China

12

Sime Darby Nursing & Health Sciences College, Malaysia

The approach taken by Sime Darby is to provide a platform and learning opportunities
for employees to gain relevant knowledge and skills to effectively perform their roles. The
training and learning centre has focus in developing core leadership competency, core job
competency as well as Functional and Technical Training for their employees that designed to
meet the developmental needs of a its non-executive staff, junior executive, right up to the
senior management level. Amongst the programs are :
i.

Core Programmes consist of Core Executive Training, Executive Milestone and

Induction Programme & Compliance.

ii.

Leadership Programmes consist of Leadership Modules, Accelerated Leadership

Programme and Personalised Development for top management.

iii.

Functional Programmes consist of Functional Fundamentals, Role Based Training

based on Common Function Competencies and Specialisation & Certification Training.

iv.

Electives Programmes consist of Customised, Personal Effectiveness, Business

Courses & Transformational Training.
Other than that, specifically at their Plantation Division has also promoting the

continuous improvement on the technical knowledge of its employees by providing on-thejob and off-the-job training (Sime Darby Plantation Sdn Bhd, 2014). This opportunity given
equally to their workers to improve their skill that includes technical training areas as well as
safety related topics.

5.0

Implications of Fairness and Equality on Industrial Relations (IR) in Sime Darby

1. Uphold and protect the right of the employees

Implementation of fairness and equality value based on Industrial Relations at
Sime Darby is the important step to uphold and protect the right of the
13

employees. For example for the wage structure has protect the right of the
employees to be paid based on their job grade and allocated work. Other than
that, for the pension retirement donation to EPF has also been the responsibility
of the employer to protect the right of the employees for the donation to EPF.
2. Reduce employment of the Non-Executive
The wage structure affect the distribution and levels of unemployment where it
causes wage differentials to deviate from the levels that would prevail in
competitive labour markets (Marsden, D, 1995). Collective bargaining is using
rate-for-the-job that is common rate of pay applies to all workers in a given
occupation or category irrespective of individual differences in productivity. As
for Sime Darby, generally has reduce employment of non-executive and
focusing on employing the Executive employees particularly for the office
related work at their office.
3. Provide Justice and fairness To Employees
The policies and guidelines of the company that has stated the appropriate
conduct that need to be adhered by the employees and govern the appropriate
action to be taken before any employee found guilty. This has provide justice for
the employees to respond to the allegations against him or her and to be
investigated fairly by the company if being alleged to have engaged in some
form of misconduct (Corney & Lind Lawyer, 2009). Other than that, the
industrial relations practices has stated the step need to be taken such as starting
with warning letter, followed by show cause letter before any employee can be
terminated by the company. This termination laws provide employee justice and
chance to improve or correct their well-being if found not to perform their job
effectively or not appropriately following the regulations of the company.

6.0

Suggestions For Improvement

In analysing the fairness and equality practices of the company, it has been a few
items that being highlighted that need further improvement for the company. However, as
stated in (Nina D. Cole and Douglas H. Flint, 2005) the fairness of the human resources
management is vary based on perception of the employees. For example, it may be important
14

to know whether one type of benefit is perceived as less fair than others in order to maximize
the effectiveness of employee benefits in attracting new employees and in retaining
employees in the latter stages of their careers. Therefore, the following are some
recommendation to improve fairness and equality practices in Sime Darby.
6.1

Revise the Benefits Scheme for Non-Executive

The benefits of Executive and Non-Executive benefits plan has stated differences in

some of the items and its implementation system. For example,Benefits Scheme for
Executive is according to their Flexible Benefits (Flex-Ben) System that given the flexibility
for the Executive up to Senior Management to choose the benefits plan for medical and
insurance cover that suit with their needs with certain limits specified by the company.
However, for non-executive, the benefits are not using the same system and based on
the Handbook for Non-executive. Some of the benefits such as medical and insurance cover
are limited to certain amount specified by the company but they are not given flexibility to
choose plan that suit them based on their marital status and childrens.
Other than that, it is recommended that the company to revise the benefits scheme to
include items that is not given to the non-executive staff such as housing loan subsidies that
are given to the Executive staff. It is suggested to have the same benefits but maybe vary in
the amount of limitations based on their positions and job grade.
6.2 To include Preagnancy and Maternity Hospital Cover and Maternity Propose
Leave Up to 90 Days
Sime Darby has implemented The Gender Policy to uphold the right of women in
estates and mill as well as equal opportunity at the workplace. Therefore, it is proposed for
Sime Darby to extend the fairness and equality to the women thorugh out the group.
Amost the step to be taken is to include Pregnancy and Maternity Hospital Cover to the
women to show companys commitment towards fairness and equality to the women and
mother which are the employees of Sime Darby. Currently the benefits are not inluded those
items. Other than that, is is suggested for the company to extend the maternity leave from 60
days to 90 days as per government steps hat given flexibility to staff for maternity leaves
between 60 to 90 days (Public Service Department of Malaysia (JPA), 2013). This is fairness
approach suggested to give opportunity for the women to take care of the newborn baby and

15

finding better care centre the baby that will directly contributed to the better performance of
the women after they come back to work.
6.3 Policy and Implementation on Equal Opportunity for People with Disability
Sime Darby Berhad is among the largest Government Link Company (GLC) that is
supposed to support and implement the government policy and act. Therefore as part of
showing commitments toward company that promotes fairness and equality, Sime Darby is
suggested to have equal opprtunity, access as well as facilities for Persons with Disabilities
(PWD). This is accordance to Persons with Disabilities Act (PWDA) in 2008 as part of its
obligations under the Convention on the Rights of Persons with Disabilities (UN
Convention).
Sime Darby Berhad shall be given equal access and opportunity to the persons with
disabilities with facilities, services in Sime Darby main buildings and offices, employment
opportunity for relevant job role, equal opportunity for education benefits as well as facilities
for

7.0

information,

communication

and

technology

in

Sime

Darbys

building.

Conclusion

Based on the details explanation on the practices of Fairness and Equality Concept
and Value at Sime Darby, it has portray that Sime Darby has implemented embedded fairness
and equality value in many practices including policy, activities and its human resource
management system that include performance system, compensation and benefits, reward and
etc. This has demonstrated good reputation and image of Sime Darby as employer of choice
that implemented the concept and value of industrial relations.

Fairness and Equality concept that being implemented has covered many aspects of
the Sime Darby practices that become eyes opening that fairness and equality concept not
only cover the job structure, wage system and managing the conduct of the workers but both
concept applied at Sime Darby are beyond that. Although in the assignment not stated all the
related practices but in reality Sime Darby has applied Fairness and Equality Concept in

16

many other aspects such as corporate social responsibility and many sustainability initiatives
they undertake.
As a conclusion, Sime Darby Berhad has fulfill the criteria of concept and value of
Fairness and Equality in their practices based on Industrial Relations as well as for other
aspects and bring many benefits and positive impact to their employees, stakeholders as well
as society and nation as a whole.

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