BULLETIN 01/2016

LATEST CASES (ILR Issue 12 of 2015)

SUBJECT INDEX

CIVIL PROCEDURE

Judicial review - Certiorari - Application for - Company terminated employee's employment based on allegation of theft - Industrial Court held that employee was dismissed without just cause or excuse and company ordered to pay compensation in lieu of reinstatement - Application by company to High Court to quash decision of Industrial Court - Whether dismissal was with just cause or excuse - Whether Industrial Court applied correct standard of proof
Eaton Electronic Swithgear Sdn Bhd v. Sukumaran Nadason & Anor
(Collin Lawrence Sequerah JC) [2015] 4 ILR 473 cljlaw labourlaw

CONTRACT OF EMPLOYMENT

Frustration of contract - Claimant's medical condition making performance of his contract of employment impossible - Effect of - Claimant certified unfit to perform his job by the doctor - Conduct of the respondent company towards him - Whether reasonable - Effect of - Whether there had been a frustration of the claimant's contract of employment - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Abdullah Abdul Rahman @ Abdul Halim v. Continental Tyre AS Malaysia Sdn Bhd
(Sulaiman Ismail) [2015] 4 ILR 512 cljlaw labourlaw

Frustration of contract - Claimant unable to perform his job due to his medical condition - Medical Board not convened by the respondent company - Whether it had been fatal to the respondent company's case - Whether the respondent company had complied with whatever it had needed to do before medically boarding out the claimant - Factors to consider - Whether the respondent company's actions had been reasonable - Whether the respondent company had acted in the best interests of the claimant - Effect of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967, s. 20(3)
Abdullah Abdul Rahman @ Abdul Halim v. Continental Tyre AS Malaysia Sdn Bhd
(Sulaiman Ismail) [2015] 4 ILR 512 cljlaw labourlaw

Notice of termination - Contents of - Whether the claimant had been aware of his impending retrenchment
Prinz Shobanraj Johnathan Augustine Dhanaraj v. Dell Global Business Center Sdn Bhd
(Anna Ng Fui Choo) [2015] 4 ILR 666 cljlaw labourlaw

Terms and conditions - Notice of termination - Whether the claimant had been terminated pursuant to contract - Factors to consider - Effect of - Relationship between the claimant and the company - Whether the Industrial Court as a court of good conscience and equity should ignore the sanctity of contracts and modify the contractual rights and obligations of the parties - Whether there had been a dismissal
Cheok Swee Aik v. Tali Maju Sdn Bhd
(Duncan Sikodol) [2015] 4 ILR 603 cljlaw labourlaw

Terms and conditions - Retirement age - Bank informing claimant of his retirement upon him attaining 55 years - Claimant seeking an extension of employment - Bank declining - Whether the bank had been bound by the terms of the Business Transfer Agreement between it and Affin-ACF - Factors to consider - Effect of - Whether the claimant had come within the terms of the agreement and the clause on employees in particular - Whether the claimant had been dismissed by the bank
Razali Ahmed v. Affin Bank Berhad
(Ong Geok Lan) [2015] 4 ILR 520 cljlaw labourlaw

Terms and conditions - Retirement age - Claimant entering into fresh contract with the bank - New contract stipulating that retirement age is 55 years - Claimant not objecting to contents for seven years - Whether he had been bound by the new contract term - Evidence adduced - Effect of - Whether his retirement had been effected properly - Whether the claimant had been dismissed by the bank
Razali Ahmed v. Affin Bank Berhad
(Ong Geok Lan) [2015] 4 ILR 520 cljlaw labourlaw

DISMISSAL

Absenteeism - Whether the claimant had been absent from work without leave - Evidence adduced - Effect of - Whether she had obtained verbal approval from COW1 - No warning letters issued to her in respect of her absence - Conclusions that could be drawn - Whether this charge had been proven by the company - Whether she had been absent from work with the company's knowledge - Whether dismissal without just cause and excuse
Roselina Abdullah v. Konsortium Transnasional Berhad
(Rosenani Abd Rahman) [2015] 4 ILR 642 cljlaw labourlaw

Attendance - Truancy - Claimant leaving company premises before the end of shift without permission - Whether proven by the company - Evidence adduced - Evaluation of - Effect of - Company's policies and procedures on the same - Whether the claimant had been aware of them - Position held by the claimant in the company - Claimant's seniority - How he should have behaved - Whether the company had been justified in dismissing him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Ahmad Kamaruzaman Azizan v. Continental Tyre AS Malaysia Sdn Bhd
(Fredrick Indran XA Nicholas) [2015] 4 ILR 489 cljlaw labourlaw

Attendance - Truancy - Claimant leaving the company premises before the end of shift without permission - Whether the claimant's past history with the company should have been taken into account when deciding on the punishment to impose on him - Company acknowledging his long service with it on the date of his dismissal - Whether dismissal had been too harsh under the circumstances - What the company should have done - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Ahmad Kamaruzaman Azizan v. Continental Tyre AS Malaysia Sdn Bhd
(Fredrick Indran XA Nicholas) [2015] 4 ILR 489 cljlaw labourlaw

Breach of company rules and policies - Dishonesty - Claimant declaring that her husband and children had been employees of the company when they had not - Whether it had been a breach of company policy - Evidence adduced - Effect of - Whether she had been aware that it had been against company policy - Her explanations - Whether could be accepted - Whether the claimant's conduct had been serious - Whether it had been severe enough to warrant dismissal - Whether it had justified the company dismissing her - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Siti Nurizah Ismail v. Malaysia Airlines
(Yamuna Menon) [2015] 4 ILR 628 cljlaw labourlaw

Breach of company rules and policies - Dishonesty - Claimant failing to inform the company that a portion of the tenancy payments had been refunded to her on a monthly basis - Whether proven by the company - Evidence adduced - Effect of - Whether this charge had been proven by the company - Factors to consider - Whether this had been a serious misconduct - Her explanations for the same - Whether could be accepted - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Siti Nurizah Ismail v. Malaysia Airlines
(Yamuna Menon) [2015] 4 ILR 628 cljlaw labourlaw

Breach of company rules and policies - Fraud - Whether the claimant had used the Genting World Card in breach of company policy - Evidence adduced - Effect of - Whether the claimant's conduct had been serious - Whether it had been severe enough to warrant dismissal - Whether it had justified the company dismissing him - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Isa Sumadi v. Genting Malaysia Berhad
(Yamuna Menon) [2015] 4 ILR 589 cljlaw labourlaw

Breach of company rules and policies - Negligence - Whether the claimant had breached the company's cashiering operations procedures - Whether such a procedure had existed - Evidence adduced - Effect of - Whether this charge had been proven by the company - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Isa Sumadi v. Genting Malaysia Berhad
(Yamuna Menon) [2015] 4 ILR 589 cljlaw labourlaw

Breach of company rules and policies - Negligence - Whether the claimant had violated the department's procedure on the voiding of bills - Evidence adduced - Effect of - Whether this charge had been proven by the company - Factors to consider - Claimant's defence - Whether acceptable - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Isa Sumadi v. Genting Malaysia Berhad
(Yamuna Menon) [2015] 4 ILR 589 cljlaw labourlaw

Breach of company rules and policies - Theft - Whether the claimant had pocketed the monies that COW1 had placed in the bill folders after the bills had been settled and closed using the GWC - Evidence adduced - Effect of - Whether the charge had been proven by the company - Whether it had justified his dismissal
Isa Sumadi v. Genting Malaysia Berhad
(Yamuna Menon) [2015] 4 ILR 589 cljlaw labourlaw

Constructive dismissal - Change in hours of work - Claimant issued second letter of appointment with daily split shift - Whether there had been mala fide intent on the part of the company in issuing this second letter of appointment - Factors to consider - Whether it had been a business decision and within management's prerogative to issue it - Whether it had constituted an unfair labour practice - Whether the claimant had been constructively dismissed - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Cheok Swee Aik v. Tali Maju Sdn Bhd
(Duncan Sikodol) [2015] 4 ILR 603 cljlaw labourlaw

Constructive dismissal - Change in hours of work - Claimant required to work on daily split shift pursuant to second letter of appointment - Claimant contending that he had not been aware of the change when he had signed the second letter of appointment - Whether could be accepted - Evidence adduced - Effect of - Position held by the claimant in the company - What he should have done - Claimant only protesting after two weeks - Effect of - Whether he had read and understood the terms of the letter - Whether he had been dismissed by the company - Whether dismissal without just cause and excuse
Cheok Swee Aik v. Tali Maju Sdn Bhd
(Duncan Sikodol) [2015] 4 ILR 603 cljlaw labourlaw

Insubordination - Claimant notifying the respondent company that he would strictly comply with the working hours as stipulated in his first employment letter and proceeding to do so - Whether his actions had been a clear defiance of the respondent company's instructions - Whether it had constituted insubordinate behaviour - Whether it had justified his dismissal
Cheok Swee Aik v. Tali Maju Sdn Bhd
(Duncan Sikodol) [2015] 4 ILR 603 cljlaw labourlaw

Performance - Unsatisfactory performance - Whether the company had communicated the same to her - Evidence adduced - Sequence of events - Claimant not issued warning or show cause letters - Effect of - Whether the claimant had been warned of the same - Whether the claimant had been given sufficient opportunity to improve - Evidence adduced - Effect of - Whether the company's decision to terminate her had been bona fide - Factors to consider - Whether dismissal without just cause and excuse
Roselina Abdullah v. Konsortium Transnasional Berhad
(Rosenani Abd Rahman) [2015] 4 ILR 642 cljlaw labourlaw

Probationer - Whether the claimant had been on probation when she had been dismissed - Factors to consider - Effect of
Roselina Abdullah v. Konsortium Transnasional Berhad
(Rosenani Abd Rahman) [2015] 4 ILR 642 cljlaw labourlaw

Retrenchment - Company downsizing - Whether proven by the respondent company - Evidence adduced - Whether the company had been running at a loss - Claimant retrenched - Whether the claimant's position had become redundant - Factors to consider - Effect of - Whether the company had failed to comply with LIFO - Whether LIFO had applied - Position held by the claimant in the company
Vithylingam Letchumanan v. Ice Room Food & Beverage Management Sdn Bhd
(Eddie Yeo Soon Chye) [2015] 4 ILR 655 cljlaw labourlaw

Retrenchment - Redundancy - Claimant retrenched and informed why - Whether the company had exercised its managerial power in a bona fide manner - Factors to consider - Effect of - Whether dismissal without just cause and excuse
Vithylingam Letchumanan v. Ice Room Food & Beverage Management Sdn Bhd
(Eddie Yeo Soon Chye) [2015] 4 ILR 655 cljlaw labourlaw

Retrenchment - Redundancy - Claimant offered a severance package although not entitled to it - What it had shown - Severance package then withdrawn - Reasons for the same - Whether it had been an act of vengeance by the company against him - Evidence adduced - Effect of - Conduct of the company towards him - Whether the company's decision had been tainted with malice or been carried out mala fide - Evidence adduced - Whether dismissal without just cause and excuse
Prinz Shobanraj Johnathan Augustine Dhanaraj v. Dell Global Business Center Sdn Bhd
(Anna Ng Fui Choo) [2015] 4 ILR 666 cljlaw labourlaw

Retrenchment - Reorganisation - Whether proven by the company - Evidence adduced - Claimant retrenched - Whether the claimant's position had become redundant - Factors to consider - Effect of - Whether the company had failed to comply with the Code of Conduct for Industrial Harmony - Whether the Code had been a mere guideline
Prinz Shobanraj Johnathan Augustine Dhanaraj v. Dell Global Business Center Sdn Bhd
(Anna Ng Fui Choo) [2015] 4 ILR 666 cljlaw labourlaw

EVIDENCE

Adverse inference - Company failing to call Neil and Shankar for the hearing of the matter - Both had left the employ of the company - Whether their evidence had been necessary - Whether the evidence of COW1 had been sufficient - Factors to consider - Effect of - Whether an adverse inference ought to be drawn against the company - Evidence Act 1950, s. 114(g)
Prinz Shobanraj Johnathan Augustine Dhanaraj v. Dell Global Business Center Sdn Bhd
(Anna Ng Fui Choo) [2015] 4 ILR 666 cljlaw labourlaw

Documentary evidence - Findings of the DI - Whether it had been perverse - Factors to consider
Ahmad Kamaruzaman Azizan v. Continental Tyre AS Malaysia Sdn Bhd
(Fredrick Indran XA Nicholas) [2015] 4 ILR 489 cljlaw labourlaw

Witnesses - Credibility - COW1's evidence as against the claimant's - Whose evidence had been more believable - Factors to consider - Effect of
Roselina Abdullah v. Konsortium Transnasional Berhad
(Rosenani Abd Rahman) [2015] 4 ILR 642 cljlaw labourlaw

INDUSTRIAL COURT

Procedure - Action - Pleadings - Estoppel - Whether tenable in the Industrial Court - Factors to consider
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran Semenanjung Malaysia v. Langkawi Airport Hotel Sdn Bhd (Hotel Helang)
(Eddie Yeo Soon Chye) [2015] 4 ILR 615 cljlaw labourlaw

Procedure - Pleadings - Claimant failing to plead for payment of termination benefits - Effect of - Whether it ought to be allowed now
Vithylingam Letchumanan v. Ice Room Food & Beverage Management Sdn Bhd
(Eddie Yeo Soon Chye) [2015] 4 ILR 655 cljlaw labourlaw

Remedies - Compensation - Compensation in lieu of reinstatement - Claimant only serving company for seven months - Whether suitable to award
Roselina Abdullah v. Konsortium Transnasional Berhad
(Rosenani Abd Rahman) [2015] 4 ILR 642 cljlaw labourlaw

LABOUR LAW

Collective agreement - Breach of - Termination of employment - Whether with just cause and excuse - Hotel business transferred from second appellant to first appellant - Whether change of ownership within meaning of art. 2.4 of collective agreement - Whether first appellant contracted to assume rights and liabilities of second appellant - Whether employees should continue to remain in service to enjoy same entitlements contracted for - Whether first appellant successor, assignee or transferee of second appellant in context of s. 17(1)(a) Industrial Relations Act 1967 - Whether parties bound by collective agreement
Alam Venture Sdn Bhd & Anor v. Abdul Aziz Abdul Majid & Ors
(Arifin Zakaria CJ, Abdull Hamid Embong FCJ, Hasan Lah FCJ, Zaleha Zahari FCJ & Abu Samah Nordin FCJ) [2015] 4 ILR 457 cljlaw labourlaw

Employment - Dismissal - Employee dismissed from employment based on allegation of theft - Metal strips found hidden in motorbike carrier - Absence of domestic inquiry - Whether employee given chance to defend himself - Industrial Court held that employee was dismissed without just cause or excuse - Company ordered to pay compensation in lieu of reinstatement - Application by company to High Court to quash decision of Industrial Court - Whether award made by Industrial Court susceptible to judicial review
Eaton Electronic Swithgear Sdn Bhd v. Sukumaran Nadason & Anor
(Collin Lawrence Sequerah JC) [2015] 4 ILR 473 cljlaw labourlaw

Employment - Termination of employment - Whether with just cause and excuse - Collective agreement - Breach of - Hotel business transferred from second appellant to first appellant - Whether change of ownership within meaning of art. 2.4 of collective agreement - Whether first appellant contracted to assume rights and liabilities of second appellant - Whether employees should continue to remain in service to enjoy same entitlements contracted for - Whether first appellant successor, assignee or transferee of second appellant in context of s. 17(1)(a) Industrial Relations Act 1967 - Whether parties bound by collective agreement
Alam Venture Sdn Bhd & Anor v. Abdul Aziz Abdul Majid & Ors
(Arifin Zakaria CJ, Abdull Hamid Embong FCJ, Hasan Lah FCJ, Zaleha Zahari FCJ & Abu Samah Nordin FCJ) [2015] 4 ILR 457 cljlaw labourlaw

SALARIES AND WAGES

Minimum wages - What it meant - How it was calculated - Whether it had related to the profit and loss of the hotel - Whether service charge had been a part of it - Factors to consider - Effect of
Subang Jaya Hotel Development Sdn Bhd (Dorsett Grand Subang) v. Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia
(Eddie Yeo Soon Chye) [2015] 4 ILR 539 cljlaw labourlaw

TRADE DISPUTE

Collective Agreement - Terms and conditions of the CA - Article on public holidays - Whether what is granted in comparable organisations ought to be followed - Factors to consider - Union prepared to accept 2 days for Hari Raya Haji making a total of 16 public holidays in a year
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran Semenanjung Malaysia v. Langkawi Airport Hotel Sdn Bhd (Hotel Helang)
(Eddie Yeo Soon Chye) [2015] 4 ILR 615 cljlaw labourlaw

Collective Agreement - Terms and conditions of the CA - Article on salary structure - Union proposing an immediate increment of 12% of the basic salary due to the sharp rise in the cost of living - Whether it ought to be awarded - Factors to consider - Relevance of the CPI - Hotel not asserting financial inability to pay - Effect of - What would be a fair percentage to award
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran Semenanjung Malaysia v. Langkawi Airport Hotel Sdn Bhd (Hotel Helang)
(Eddie Yeo Soon Chye) [2015] 4 ILR 615 cljlaw labourlaw

Collective Agreement - Terms and conditions of the CA - Article on salary structure - Union proposing RM400 to RM1,300 as the minimum starting salary for the respective categories - Reasons for the same - Relevance of the CPI - Whether it ought to be awarded
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran Semenanjung Malaysia v. Langkawi Airport Hotel Sdn Bhd (Hotel Helang)
(Eddie Yeo Soon Chye) [2015] 4 ILR 615 cljlaw labourlaw

Collective Agreement - Terms and conditions of the CA - Article on sick leave and hospitalisation - Whether the current hospitalisation liability of the hotel in the sum of RM1,000 for each calendar year ought to be increased to RM3,000 - Factors to consider - What would be a reasonable amount to award
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran Semenanjung Malaysia v. Langkawi Airport Hotel Sdn Bhd (Hotel Helang)
(Eddie Yeo Soon Chye) [2015] 4 ILR 615 cljlaw labourlaw

Collective Agreement - Terms and conditions of employment - Minimum wages - Hotel using service charge points to top up and comply with the minimum wages legislation - Hotel relying on Guidelines on the Implementation of the Minimum Wages Order 2012 - Whether the said guidelines had legal force - Factors to consider - No negotiation taking place between the hotel and its employees - Whether its actions had tantamounted to a unilateral decision - Whether its actions had complied with the minimum wages legislation - Whether its actions had been in conformity with the Minimum Wages Order 2012 - Effect of - What the hotel should have done - Minimum Wages Order 2012, para 6
Subang Jaya Hotel Development Sdn Bhd (Dorsett Grand Subang) v. Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia
(Eddie Yeo Soon Chye) [2015] 4 ILR 539 cljlaw labourlaw

Collective Agreement - Terms and conditions of employment - Minimum wages of employees - Hotel using service charge points to top up and comply with the minimum wages legislation - Whether the hotel could do so - No negotiations between the hotel and its employees - Whether service charge had been a fundamental term of the CA - Rationale behind service charge points - Who it belonged to - Whether the hotel had been in breach of the CA - Factors to consider - National Wages Consultative Council Act 2011, s. 2
Subang Jaya Hotel Development Sdn Bhd (Dorsett Grand Subang) v. Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia
(Eddie Yeo Soon Chye) [2015] 4 ILR 539 cljlaw labourlaw

SUBJECT INDEX

KETERANGAN

Inferens yang bertentangan - Syarikat gagal untuk memanggil En. Hisyam yang merupakan ketua YM - Sama ada En. Hisyam merupakan saksi yang penting dan material - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada inferens bertentangan sesuai diguna pakai terhadap syarikat - Akta Keterangan 1950, s. 114(g)
Abdul Rahim Mamat lwn. Hicom Automotive Manufacturers (Malaysia) Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2015] 4 ILR 527 cljlaw labourlaw

Keterangan dokumentari - Nota prosiding siasatan dalaman - Sama ada tepat - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada SD tersebut telah mematuhi prinsip keadilan asasi
Azlina Mohd Sukaimi lwn. SIME-SIRIM Technologies Sdn Bhd
(Rasidah Chik) [2015] 4 ILR 563 cljlaw labourlaw

PEMBUANGAN KERJA

Ketidakhadiran - Sama ada YM telah gagal untuk hadir bekerja pada 16 Februari 2009 - Keterangan yang dikemukakan - Kesannya - Apa yang YM sepatutnya lakukan - Sama ada beliau mendapat kelulusan dari pegawai atasannya sebelum tidak hadir bekerja - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat responden terhadapnya - Kesannya - Sama ada tindakan syarikat responden adalah wajar - Faktor-faktor yang harus diambil kira - Alasan YM - Sama ada dapat diterima - Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab
Azlina Mohd Sukaimi lwn. SIME-SIRIM Technologies Sdn Bhd
(Rasidah Chik) [2015] 4 ILR 563 cljlaw labourlaw

Ketidakpatuhan terhadap peraturan dan polisi syarikat - Ketidakjujuran - YM dituduh menipu syarikat dengan mengemukakan tuntutan yang beliau tidak layak menuntut - Sama ada dibuktikan oleh syarikat responden atas tahap imbangan kebarangkalian - Keterangan yang dikemukakan - Kesannya - Kelakuan YM - Sama ada tindakan syarikat responden memberhentikan perkhidmatan YM adalah wajar - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada pembuangan kerja YM dilakukan secara adil dan bersebab - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Azlina Mohd Sukaimi lwn. SIME-SIRIM Technologies Sdn Bhd
(Rasidah Chik) [2015] 4 ILR 563 cljlaw labourlaw

Ketidakpatuhan terhadap polisi dan peraturan syarikat - YM didakwa tidur sewaktu masa bekerja - Sama ada dibuktikan oleh syarikat - Keterangan yang dikemukakan - Penelitian keterangan - Kesannya - Sama ada syarikat berjaya membuktikan pertuduhannya terhadap YM - Alasan YM - Sama ada munasabah dan dapat diterima - Sama ada pembuangan kerja YM dilakukan secara adil dan bersebab - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Abdul Rahim Mamat lwn. Hicom Automotive Manufacturers (Malaysia) Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2015] 4 ILR 527 cljlaw labourlaw

 


LATEST CASES (ILR Issue 1 of 2016)

SUBJECT INDEX

DISMISSAL

Abandonment - Claimant walking out of her job - Whether she had abandoned it - Evidence adduced - Evaluation of - Whether she had been dismissed by the company - Whether dismissal without just cause and excuse
Loh Poh Im v. Minetech Resources Berhad
(Ong Geok Lan) [2016] 1 ILR 199 cljlaw labourlaw

Absenteeism - Whether the claimant had been absent without leave - Evidence adduced - Evaluation of - Whether proven by the company - Whether the company had been justified in dismissing him - Factors to consider - Effect of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Lim Seong Kin v. Squire Mech Sdn Bhd
(Eddie Yeo Soon Chye) [2016] 1 ILR 126 cljlaw labourlaw

Breach of company rules and policies - Carelessness - Whether the claimant had lost the company handphone - Evidence adduced - Effect of - Whether the allegation had been proven by the company
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Breach of company rules and policies - Conflict of interest - Whether the claimant had given her husband business without the company's knowledge - Evidence adduced - Effect of - Claimant's explanations for the same - Whether could be accepted - Her husband having prior dealings with the company before marriage - Whether this misconduct had been established against her - Whether the company had successfully discharged its burden of proof - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Breach of company rules and policies - Dishonesty - Claimant involved in an accident and failing to notify the company - Whether he had been under a duty to inform the company - Evidence adduced - Effect of - Whether the allegation had been proven by the company
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Breach of company rules and policies - Dishonesty - Whether the claimant had failed to disclose that she had a relative working in the company - Evidence adduced - Effect of - Claimant's explanations for the same - Whether could be accepted - Whether it had been her duty to disclose - Factors to consider - Whether this misconduct had been established against her - Whether the company had successfully discharged its burden of proof - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Breach of company rules and policies - Dishonesty - Whether the claimant's uncle had secured the job because of her - Evidence adduced - Effect of - Whether there had been any company policy on the same - Whether this misconduct had been established against her - Whether the company had successfully discharged its burden of proof - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Breach of company rules and policies - Fraud/Dishonesty - Claimant allegedly making fraudulent entertainment claims - Whether proven by the bank - Evidence adduced - Evaluation of - Effect of - Claimant's defence - Whether could be accepted - Whether the amount of losses had been a relevant consideration - Implications of her actions to the bank - Whether the bank had been justified in dismissing her - Factors to consider - Whether dismissal without just cause or excuse - Evidence Act 1950, s. 90A and Industrial Relations Act 1967, ss. 20(3) & 30(5)
Lee Yu Meng v. Alliance Bank Malaysia Berhad
(Anna Ng Fui Choo) [2016] 1 ILR 216 cljlaw labourlaw

Breach of company rules and policies - Fraud/Dishonesty - Claimant allegedly making fraudulent reimbursement claims - Whether proven by the bank - Evidence adduced - Evaluation of - Claimant's defence - Whether could be accepted
Lee Yu Meng v. Alliance Bank Malaysia Berhad
(Anna Ng Fui Choo) [2016] 1 ILR 216 cljlaw labourlaw

Breach of company rules and policies - Negligence - Theft of the company's trailer - Whether the claimant had been remiss in his duty - Evidence adduced - Effect of - Whether the allegation had been proven by the company
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Breach of company rules and policies - Negligence - Whether the claimant had failed to monitor the GPS system which had led to the theft of the trailer - Evidence adduced - Effect of - Whether the allegation had been proven by the company
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Constructive dismissal - Change in job functions - Claimant reinstated to position of COO pursuant to IR conciliation meeting - Whether the company had complied with all the terms of the Memorandum of Agreement - Factors to consider - Evidence adduced - Evaluation of - Company changing her portfolios - Whether it had been allowed to do so - Whether it had been in breach of the Memorandum - Perusal of the contents of the Memorandum - Effect of
Loh Poh Im v. Minetech Resources Berhad
(Ong Geok Lan) [2016] 1 ILR 199 cljlaw labourlaw

Constructive dismissal - Change in job functions - Company changing her portfolios in line with its reorganisation and restructuring - Whether it had been within its management prerogative to do so - Factors to consider - Whether there had been any mala fide intent on the part of the company in doing so - Evidence adduced - Effect of - Treatment of the company towards the claimant - Effect of
Loh Poh Im v. Minetech Resources Berhad
(Ong Geok Lan) [2016] 1 ILR 199 cljlaw labourlaw

Insubordination - Claimant failing to make daily reports to the MD - Whether he had been aware that he had to do so - Evidence adduced - Effect of
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Insubordination - Claimant refusing to take part in the employee performance review - Reasons for the same - Whether acceptable - Company's conduct thereafter - Whether the charge had been proven against him - Evidence adduced - Effect of
Lim Seong Kin v. Squire Mech Sdn Bhd
(Eddie Yeo Soon Chye) [2016] 1 ILR 126 cljlaw labourlaw

Misconducts - Whether the claimant had been guilty of the misconducts alleged against her - Evidence adduced - Effect of - Company's actions towards her - Whether it had been looking for an excuse to dismiss her - Whether its actions had clearly been a blatant disregard of fair labour practices - Whether its actions had amounted to acts of victimisation against a female employee
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Misconduct - Whether the claimant had been sleeping on the job - Evidence adduced - Effect of - Claimant given warnings before - His subsequent actions - Whether the misconduct had been proven by the company - Claimant's explanations - Whether it had been acceptable - Factors to consider - Effect of - Whether the punishment of dismissal had been carried out fairly - Whether dismissal without just cause and excuse
Abdul Rahim Mohd Mydin v. Amphenol TCS (M) Sdn Bhd
(Fredrick Indran XA Nicholas) [2016] 1 ILR 1 cljlaw labourlaw

Misconduct - Whether the claimant had misplaced the walkie-talkies - Evidence adduced - Effect of - Whether the allegation had been proven by the company - Whether the company had suffered loss - Factors to consider - Whether dismissal without just cause and excuse
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Notice of termination - Forced resignation - Whether the claimant had been forced to resign - Factors to consider - Evidence adduced - Effect of - Company's actions towards her - Whether it had still wanted her to work for it
Loh Poh Im v. Minetech Resources Berhad
(Ong Geok Lan) [2016] 1 ILR 199 cljlaw labourlaw

Performance - Unsatisfactory performance - Claimant allegedly failing to perform - Whether proven by the company - Evidence adduced - Evaluation of - Effect of - Claimant given warning letters but not responding - Reasons for the same - Whether acceptable - Whether the claimant had improved - Factors to consider - Company not confirming him and terminating his services - Whether the company's actions had been reasonable - Whether there had been mala fide intent in the company's actions - What the claimant should have done - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Performance - Unsatisfactory performance - Claimant allegedly failing to perform - Whether proven by the company - Evidence adduced - Evaluation of - Effect of - Claimant not given oral or written warnings - Reasons for the same - Whether it had been fatal to the company's case - Whether warnings had to be given before dismissal could take place - Factors to consider - Whether she had been informed of her shortcomings - Whether she had improved - Claimant's conduct - Whether the company's actions had been reasonable - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Liew Chooi Ling v. Thorus Technology Sdn Bhd
(Jamhirah Ali) [2016] 1 ILR 140 cljlaw labourlaw

Probationer - Whether the claimant had been a probationer when dismissed - Evidence adduced - Effect of - Claimant working for the company for over two years - Claimant given an increment whilst working with the company - What that had shown - Company not confirming him in his appointment - Whether he had been suitable for confirmation - Whether the company's actions had been bona fide - Factors to consider - Whether dismissal without just cause and excuse
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Retrenchment - Redundancy - Claimant not consulted on his impending retrenchment - Whether the company had been obliged to consult him - Whether a consultation with him would have brought about a different result - Factors to consider - Claimant paid a severance package - Whether the company's actions had been carried out bona fide - Whether dismissal without just cause and excuse
Mohd Jailani Wagiman v. UMW Fabritech Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2016] 1 ILR 21 cljlaw labourlaw

Retrenchment - Redundancy - Claimant retrenched - Whether an actual redundancy situation had existed in the company - Factors to consider - Evidence adduced - Effect of
Zaimah Zaini v. Offshore Works Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 63 cljlaw labourlaw

Retrenchment - Redundancy - Claimant retrenched - Whether her job had become redundant - Evidence adduced - Evaluation of - Claimant's job functions still existing but taken over by a new department - Reasons for the same - Whether the company had exercised its managerial powers bona fide - Factors to consider - Effect of
Zaimah Zaini v. Offshore Works Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 63 cljlaw labourlaw

Retrenchment - Redundancy - Claimant retrenched - Whether the retrenchment had been carried out bona fide - Factors to consider - Evidence adduced by the company - Effect of - Company not facing dire financial problems - Whether it had been a relevant factor to consider
Zaimah Zaini v. Offshore Works Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 63 cljlaw labourlaw

Retrenchment - Redundancy - Position held by the claimant - Whether the claimant's position had become redundant - Factors to consider - Effect of - Company consolidating with sister companies running a similar business - Whether there had been an excess of manpower - Evidence adduced - Evaluation of - Whether the company's decision had been tainted with malice or been carried out mala fide - Whether dismissal without just cause and excuse
Mohd Jailani Wagiman v. UMW Fabritech Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2016] 1 ILR 21 cljlaw labourlaw

Retrenchment - Redundancy - Selection for redundancy - Claimant retrenched - Whether the company had explored 'various measures' to sustain itself before retrenching the claimant - Evidence adduced - Effect of - Whether the claimant's retrenchment had been carried out bona fide - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Ajit Singh Gurbachan Singh v. Hexagon Tower Sdn Bhd
(Sarojini Kandasamy) [2016] 1 ILR 75 cljlaw labourlaw

Retrenchment - Redundancy - Selection for redundancy - Claimant's department shut down - Reasons for the same - Evidence adduced - Whether it had been a reasonable step taken by the company - Factors to consider - Quality of the company's evidence - Effect of - Whether the company had exercised its management prerogative in a bona fide manner - Whether dismissal without just cause and excuse
Ajit Singh Gurbachan Singh v. Hexagon Tower Sdn Bhd
(Sarojini Kandasamy) [2016] 1 ILR 75 cljlaw labourlaw

Retrenchment - Redundancy - Selection for redundancy - Whether the claimant's scope of work had been successfully taken over by the company's remaining employees - Evidence adduced - Evaluation of - Effect of - Whether the claimant's job functions had remained necessary and important even after his dismissal - Factors to consider - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Ajit Singh Gurbachan Singh v. Hexagon Tower Sdn Bhd
(Sarojini Kandasamy) [2016] 1 ILR 75 cljlaw labourlaw

Retrenchment - Redundancy - Whether the claimant's position had been redundant - Factors to consider - LIFO principle not followed - Whether the LIFO principle had applied to him - Position held by the claimant - Effect of
Mohd Jailani Wagiman v. UMW Fabritech Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2016] 1 ILR 21 cljlaw labourlaw

Retrenchment - Reorganisation - Company suffering financial loss - Whether proven by the company - Evidence adduced - Whether the claimant's position had become redundant - Factors to consider - Effect of
Mohd Jailani Wagiman v. UMW Fabritech Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2016] 1 ILR 21 cljlaw labourlaw

DOMESTIC INQUIRY

Charges - Additional charges added into claimant's termination letter - Whether it had been a breach of natural justice - Factors to consider - Whether proven by the company - Evidence adduced - Effect of
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Charges - Whether the charges against the claimant had been defective for material particulars - Factors to consider - Effect of
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

EVIDENCE

Admissions - Claimant admitting to being asleep at work - Claimant warned for similar misconduct before - Effect of - Expectations of the company from him - Position held by the claimant in the company - Whether his dismissal had been justified - Whether dismissal without just cause and excuse
Abdul Rahim Mohd Mydin v. Amphenol TCS (M) Sdn Bhd
(Fredrick Indran XA Nicholas) [2016] 1 ILR 1 cljlaw labourlaw

Adverse inference - Company failing to call the MD as a witness - Whether the MD had been a material witness - Factors to consider - Whether the company had been trying to suppress material evidence - Whether an adverse inference ought to be drawn against it - Evidence Act 1950, s. 114(g)
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

Adverse inference - Company failing to call several material witnesses - Whether an adverse inference ought to be drawn against it
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Documentary evidence - Bank failing to adduce whistleblower's letter into evidence - Whether it had been detrimental to the bank's case - Factors to consider - Whether it had been needed to prove the bank's case
Lee Yu Meng v. Alliance Bank Malaysia Berhad
(Anna Ng Fui Choo) [2016] 1 ILR 216 cljlaw labourlaw

Documentary evidence - Domestic Inquiry notes - Whether it had been valid - Whether it had been a verbatim record of what had transpired at the DI - Factors to consider - Effect of
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Documentary evidence - Statement made to the auditors - Whether made by the claimant under duress - Factors to consider - Effect of - Position held by the claimant in the bank
Lee Yu Meng v. Alliance Bank Malaysia Berhad
(Anna Ng Fui Choo) [2016] 1 ILR 216 cljlaw labourlaw

Witness - Conflicting evidence - COW1 giving conflicting evidence - Effect of - Whether she had in effect admitted to the claimant's testimony - Factors to consider
Ajit Singh Gurbachan Singh v. Hexagon Tower Sdn Bhd
(Sarojini Kandasamy) [2016] 1 ILR 75 cljlaw labourlaw

Witness - Whether the claimant had been a credible witness - Factors to consider
Selvaraju Kaliappan v. LTC International Logistics Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 107 cljlaw labourlaw

INDUSTRIAL COURT

Procedure - Action - Whether the ministerial reference had been brought against the right party - Whether the company had been the claimant's employer - Factors to consider
Zaimah Zaini v. Offshore Works Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 63 cljlaw labourlaw

Remedies - Compensation - Claimant claiming for unpaid claims - Whether should be allowed - Factors to consider
Zaimah Zaini v. Offshore Works Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 63 cljlaw labourlaw

Remedies - Compensation - Whether the claimant ought to be compensated her maternity allowance - Factors to consider - Employment Act 1955, s. 44A and Industrial Relations Act 1967, s. 30(6)
K Kavitha Krishnan v. Aetins Sdn Bhd
(Anna Ng Fui Choo) [2016] 1 ILR 156 cljlaw labourlaw

Remedies - Punishment - Whether dismissal had been too harsh under the circumstances of the case - Factors to consider - Company's actions towards him - Effect of
Lim Seong Kin v. Squire Mech Sdn Bhd
(Eddie Yeo Soon Chye) [2016] 1 ILR 126 cljlaw labourlaw

Remedies - Punishment - Whether the punishment of dismissal had been too harsh under the circumstances - Position held by the claimant in the bank - Whether her actions had eroded the trust and confidence placed in her by the bank - Whether her misconduct had touched on her integrity - Factors to consider
Lee Yu Meng v. Alliance Bank Malaysia Berhad
(Anna Ng Fui Choo) [2016] 1 ILR 216 cljlaw labourlaw

INDEKS PERKARA

KONTRAK PERKHIDMATAN

Terma dan syarat - Notis penamatan - YM menandatangani dua perjanjian pekerjaan dengan syarikat responden - Sama ada kedudukan YM telah ditukar daripada seorang pekerja tetap kepada seorang pekerja kontrak - Faktor-faktor yang harus diambil kira – Kesannya
Siti Esrawani Rahmat lwn. Elektrik Tawanie
(Roslan Mat Nor) [2016] 1 ILR 11 cljlaw labourlaw

MAHKAMAH PERUSAHAAN

Remedi - Hukuman - Siasatan Dalaman mencadangkan YM digantung kerja tanpa gaji - Hukuman penggantungan kerja tanpa gaji YM ditukar kepada hukuman buang kerja - Sebabnya - Sama ada ianya merupakan prerogatif pengurusan - Sama ada ianya telah dilaksanakan secara bona fide - Faktor-faktor yang harus diambil kira - Sama ada ianya melanggar prinsip keadilan asasi
Zul Hilmi Zahudin lwn. Rapid KL
(Jamhirah Ali) [2016] 1 ILR 178 cljlaw labourlaw

PEMBUANGAN KERJA

Ketidakpatuhan terhadap peraturan dan polisi syarikat - Ketidakjujuran - Sama ada YM gagal untuk memulangkan balik wang elaun Pengarah dan Ahli Mesyuarat yang tidak dituntut, setelah selesai mesyuarat terakhir - Keterangan yang dikemukakan - Kesannya - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat responden terhadapnya - Kesannya
Mahidi Mahat lwn. Ipoh Cargo Terminal Sdn Bhd
(Rasidah Chik) [2016] 1 ILR 34 cljlaw labourlaw

Ketidakpatuhan terhadap peraturan dan polisi syarikat - Ketidakjujuran - Sama ada YM telah membuat kenyataan dan laporan palsu dalam mesyuarat Lembaga Pengarah yang ke-90 - Sama ada dibuktikan oleh syarikat responden atas tahap imbangan kebarangkalian - Keterangan yang dikemukakan - Kesannya - Penjelasan YM - Sama ada dapat diterima - Apa yang YM seharusnya lakukan - Sama ada tindakan syarikat responden memberhentikan perkhidmatan YM adalah wajar - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada salah laku-salah laku YM tersebut merupakan salah laku-salah laku yang serius - Sama ada pembuangan kerja YM dilakukan secara adil dan bersebab - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Mahidi Mahat lwn. Ipoh Cargo Terminal Sdn Bhd
(Rasidah Chik) [2016] 1 ILR 34 cljlaw labourlaw

Ketidakpatuhan terhadap peraturan dan polisi syarikat - Ketidakjujuran - Sama ada YM telah membuat tuntutan palsu terhadap syarikat bagi pembelian tiga telefon bimbit untuk kakitangannya - Keterangan yang dikemukakan - Kesannya - YM tidak mencabar keterangan COW3 - Kesannya - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat responden terhadapnya - Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab
Mahidi Mahat lwn. Ipoh Cargo Terminal Sdn Bhd
(Rasidah Chik) [2016] 1 ILR 34 cljlaw labourlaw

Ketidakturutan - Sama ada YM telah memberi maklumat yang mengelirukan kepada ahli kesatuan tanpa kebenaran syarikat - Sama ada berjaya dibuktikan oleh syarikat - Keterangan yang dikemukakan - Kesannya - Penjelasan YM - Sama ada dapat diterima - Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab
Zul Hilmi Zahudin lwn. Rapid KL
(Jamhirah Ali) [2016] 1 ILR 178 cljlaw labourlaw

Ketidakturutan - YM gagal untuk menaiki 2 tren terdahulu dan gagal untuk memberitahu penyelianya - Sama ada berjaya dibuktikan oleh syarikat - Keterangan yang dikemukakan - Kesannya - Alasan YM - Sama ada dapat diterima - Faktor-faktor yang harus diambil kira - Sama ada salah laku tersebut merupakan suatu salah laku yang serius - Jawatan yang dipegang oleh YM dalam syarikat - Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab
Zul Hilmi Zahudin lwn. Rapid KL
(Jamhirah Ali) [2016] 1 ILR 178 cljlaw labourlaw

Prestasi kerja - Prestasi kerja yang tidak memuaskan - Sama ada berjaya dibuktikan oleh syarikat responden - Keterangan yang dikemukakan - Kesannya - Sama ada prestasi kerja YM telah dinilai oleh syarikat responden - Faktor-faktor yang harus diambil kira - Apa yang syarikat responden seharusnya lakukan - Sama ada tindakan syarikat responden adalah berpatutan - Kesannya - Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Siti Esrawani Rahmat lwn. Elektrik Tawanie
(Roslan Mat Nor) [2016] 1 ILR 11 cljlaw labourlaw

Prestasi kerja - Sama ada YM telah gagal untuk mengemaskini akaun akhir bertarikh 31 Disember 2007 sehingga 31 Disember 2011 - Keterangan yang dikemukakan - Kesannya - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat responden terhadap YM
Mahidi Mahat lwn. Ipoh Cargo Terminal Sdn Bhd
(Rasidah Chik) [2016] 1 ILR 34 cljlaw labourlaw

SIASATAN DALAMAN

Ketiadaan - YM dibuang kerja tanpa sebarang SD dijalankan - Sama ada SD perlu diadakan mengikut undang-undang - Penelitian kes-kes – Kesannya
Mahidi Mahat lwn. Ipoh Cargo Terminal Sdn Bhd
(Rasidah Chik) [2016] 1 ILR 34 cljlaw labourlaw

Pertuduhan - Sama ada pertuduhan 1(b) adalah defektif - Faktor-faktor yang harus diambil kira – Kesannya
Zul Hilmi Zahudin lwn. Rapid KL
(Jamhirah Ali) [2016] 1 ILR 178 cljlaw labourlaw

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