CASE HIGHTLIGHTS

JAGVINDER SINGH MAGHAR SINGH v. MOTORDATA RESEARCH CONSORTIUM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
BERNARD JOHN KANNY
AWARD NO. 1292 OF 2019 [CASE NO: 29(21)/4-1439/18]
26 APRIL 2019

DISMISSAL: Insolence – Gross insolence – Claimant failing to respond to the company’s warning and show cause letters – Reasons for the same – Whether it had amounted to gross insolence and insubordination – Factors to consider – Evidence adduced – Evaluation of – Effect of – His defence – Whether could be accepted – Whether the charge had been proven by the company against him – Whether dismissal without just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Insubordination – Claimant failing to comply with the company’s directives to undergo a medical examination – Whether the directive had been clear, unambiguous and a reasonable and legitimate one – Factors to consider – Effect of – What his conduct had shown – Whether his actions had constituted insubordination – His explanations – Whether could be accepted – Whether his dismissal had been justified under the circumstances

DISMISSAL: Misconduct – Whether the claimant had distributed the company’s confidential information to third parties without approval – Evidence adduced – Evaluation of – Effect of – Whether the charge had been proven by the company against him – Whether it had justified his dismissal – Whether dismissal without just cause and excuse

DOMESTIC INQUIRY: Representation – Claimant failing to attend despite being aware of it – Whether he had denied himself the right to be heard – Effect of

EVIDENCE: Documentary evidence – Findings of the DI – Whether perverse – Factors to consider – Effect of


RAJAKUMAR KUPPUSAMY v. ONE WORLD HOTEL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1304 OF 2019 [CASE NO: 30/7-427/19]
29 APRIL 2019

VARIATION ORDER: Award – Whether the applicant’s application to vary the Award ought to be allowed – Factors to consider – Effect of – Whether the Award had contained any ambiguity or uncertainty to its terms, that had justified a variation of it – Whether the IC by handing down the Award, had been rendered functus officio – Industrial Relations Act 1967, ss. 30(5) & 33(2)