Labourlaw Bulletin

CIVIL PROCEDURE

Judicial review - Certiorari - Application to quash award by Industrial Court - Employment on fixed term contract inclusive of probationary period - Employee not confirmed by employer - Industrial Court awarded backwages of 12 months with rescaling of 20% for post-dismissal earnings - Whether employee terminated with just cause and excuse - Whether award appropriate - Whether there was reviewable error by Industrial Court
Malayan Banking Bhd v. Mahkamah Perusahaan Malaysia & Anor
(Collin Lawrence Sequerah JC) [2017] 1 ILR 417

CONTRACT OF EMPLOYMENT

Terms and conditions - Notice of termination - Company raising other reasons not stated in his termination letter as reasons for his dismissal - Whether ought to be allowed - Factors to consider - Effect of
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

DISMISSAL

Absenteeism - Whether the claimant had gone on leave without approval - Whether the company had had a set of established procedures in place for leave applications - Evidence adduced - Effect of - Whether the claimant had chosen to ignore it - Claimant's explanations - Whether acceptable - What the claimant should have done - Whether he had been absent from work without leave - Whether charge proven by the company against him
Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509

Attendance - Lateness - Whether the claimant had been habitually late in coming to work - Evidence adduced - Effect of - His explanations for the same - Whether could be accepted - Whether this allegation had been proven by the company against him - Company's actions towards him - Whether reasonable - Whether the company had been justified in dismissing him based on this ground - Factors to consider - Effect of - Whether dismissal without just cause and excuse
Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509

Breach of company rules and policies - Conflict of interest with the bank's business - Claimant buying property that had been subject to foreclosure proceedings, below its market value - Whether she had had an arm's length transaction with the Borrower - Factors to consider - Effect of - Position held by the claimant in the bank - Whether she had abused her position - Whether her conduct had been in conflict of interest with the duty she had owed to the bank - Evidence adduced - Effect of - Her explanations - Whether could be accepted - Whether she had been aware of the COE and its contents - Claimant's length of service in the bank - Whether her actions had constituted serious misconduct which had warranted her dismissal - Whether her dismissal had been without just cause and excuse
Ang Bee Hong v. HSBC Bank Malaysia Berhad
(Sarojini Kandasamy) [2017] 1 ILR 537

Breach of company rules and policies - Dishonesty - Claimant allegedly misleading the company on the new recruit's salary - Whether proven by the company - Evidence adduced - Effect of - Whether the company had succeeded in proving this allegation against him - What the company should have done - Whether dismissal without just cause and excuse
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Breach of company rules and policies - Dishonesty - Claimant allegedly not following the company's procedures to ship out products to its customers - Whether proven by the company - Evidence adduced - Effect of - Whether the company had succeeded in proving this allegation against him - Whether his dismissal had been with just cause and excuse
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Breach of company rules and policies - Dishonesty - Whether the claimant had bought property that had been subject to foreclosure proceedings, below its market value - Evidence adduced - Evaluation of - Effect of - Claimant failing to disclose her true identity to the Borrower - Reasons for the same - Whether she had acted ethically and with integrity - Position held by the claimant - Whether she had opened the bank up to the risk of public scrutiny and legal action - Factors to consider - Whether she had been in breach of the bank's COE - Whether it had been serious misconduct that had justified her dismissal
Ang Bee Hong v. HSBC Bank Malaysia Berhad
(Sarojini Kandasamy) [2017] 1 ILR 537

Breach of company rules and policies - Fraud - Whether the claimant, by his actions, had breached the policies and guidelines of the bank - Evidence adduced - Evaluation of - Effect of - Whether he had failed to discharge his duties to the bank - Factors to consider - Position held and seniority of the claimant in the bank - Implications of his actions to the bank - Claimant's defence - Whether acceptable - Whether the bank had been justified in dismissing him - Whether dismissal without just cause or excuse
Redzuan Yaacob v. Bank Kerjasama Rakyat Malaysia Berhad
(Fredrick Indran XA Nicholas) [2017] 1 ILR 477

Breach of company rules and policies - Fraud - Whether the claimant had forged the company's employees' signatures on the DOs - Evidence adduced - Evaluation of - Effect of - Claimant's explanations - Whether acceptable - Whether this allegation had been proven by the company against him - What it should have done - Whether dismissal without just cause and excuse
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Insubordination - Claimant castigating COW2 and trying to paint him as a racially-biased and fanatical person - Whether the claimant had been disrespectful towards COW2 - Whether he had proven his allegations against COW2 - Factors to consider - Evidence adduced - Effect of - Whether his actions had constituted insubordinate behaviour - His reasons for the same - Whether acceptable - Whether this charge had been proven by the company - Whether it had justified the company dismissing him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509

Insubordination - Whether the claimant had acted in an insubordinate manner towards the college - College's actions towards her - Whether it had constituted condonation - Factors to consider - Effect of
Khoo Siew Beng v. Penang Medical College
(Fredrick Indran XA Nicholas) [2017] 1 ILR 429

Insubordination - Whether the claimant's refusal to go on a posting had constituted insubordinate behaviour - Evidence adduced - Effect of - Whether the college had exercised its management prerogative in a bona fide manner - Factors to consider - Effect of - Whether insubordination proven by the college - Claimant's behaviour towards the college - What it had shown - Whether the college had been justified in dismissing her - Whether dismissal with just cause and excuse
Khoo Siew Beng v. Penang Medical College
(Fredrick Indran XA Nicholas) [2017] 1 ILR 429

Misconduct - Claimant failing to disclose to the bank that she had entered into a potentially compromising or conflicting business relationship with the Borrower - Whether she had been in breach of the COE - Factors to consider - What she should have done - Claimant informing the bank after the event - What that had shown - Whether she had been aware of the contents of the COE - Factors to consider - Whether her actions had constituted serious misconduct justifying her dismissal - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Ang Bee Hong v. HSBC Bank Malaysia Berhad
(Sarojini Kandasamy) [2017] 1 ILR 537

Misconduct - Claimant mortgaging her existing residence and obtaining an additional loan facility from an outside financial institution without the bank's approval - Whether she had been in breach of the COE and her employment letter - Factors to consider - Perusal of - Evaluation of - Effect of - Whether she had been aware of the contents of the COE - Whether her actions had constituted serious misconduct justifying her dismissal
Ang Bee Hong v. HSBC Bank Malaysia Berhad
(Sarojini Kandasamy) [2017] 1 ILR 537

Misconduct - Seven charges of misconduct levelled against the claimant in relation to, inter alia, the abuse of her position in the bank and her breach of the COE - Whether the charges had been proven against her - Factors to consider - Evidence adduced - Effect of - Claimant in a special category of employees in the financial services industry - Whether there had been a higher standard of integrity put on her in executing her duties and responsibilities - Position held by her in the bank - Her length of service in the banking industry - Whether her misconduct had been serious enough to warrant her dismissal
Ang Bee Hong v. HSBC Bank Malaysia Berhad
(Sarojini Kandasamy) [2017] 1 ILR 537

Retrenchment - Reorganisation - Claimant redeployed due to a restructuring exercise undertaken by the company - Whether the restructuring had been a bona fide exercise undertaken by the company - Factors to consider - Evidence adduced - Effect of - Whether the claimant's position had become redundant - Factors to consider - Claimant offered alternative employment but turning it down - Company's actions against him thereafter - Whether reasonable - Whether the claimant's retrenchment had been carried out bona fide
Mohamad Fadzly Yusof v. Acerinox SC Malaysia Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 524

DOMESTIC INQUIRY

Procedural impropriety - Whether there had been anything obviously untoward or conspicuously unfair in the proceedings - Factors to consider - Effect of - Claimant wilfully refusing the DI - What it had shown
Khoo Siew Beng v. Penang Medical College
(Fredrick Indran XA Nicholas) [2017] 1 ILR 429

EVIDENCE

Burden of proof - Company alleging forgery of Mages's signature - Whether a personal visual comparison had sufficed - What it should have done - Effect of - Whether the legal threshold had been satisfied
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Burden of proof - Whether discharged by the company in proving the allegations against the claimant - Evidence adduced - Evaluation of - Whether dismissal without just cause and excuse
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Documentary evidence - Company relying on Mages's police report to prove the allegation against the claimant - Whether Mages had had personal knowledge of the matters stated therein - Whether the police report had been a report made contemporaneous with the occurrence or the existence of the facts stated therein - Whether it had probative value - Whether its prejudicial effect had outweighed its probative value - Factors to consider - Effect of - Evidence Act 1950, s. 73A
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Documentary evidence - Whether the charges brought against the claimant had been defective for want of material particulars - Factors to consider - Effect of
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Witness - Failure to call - Company failing to call Mages - Whether it had taken all reasonable steps to locate her - Factors to consider - Whether it had been withholding or suppressing her attendance or refusing to adduce her as a witness - Evaluation of the evidence - Effect of - Whether an adverse inference ought to be drawn against it
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Witness - Failure to call - Company failing to call the new recruit - Reasons for the same - Whether an adverse inference ought to be drawn against it - Evidence Act 1950, s. 114(g)
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

INDUSTRIAL COURT

Procedure - Action - Application to recuse the panel member of the union - Whether should be allowed - Factors to consider - Effect of
Kesatuan Pekerja-pekerja Perusahaan Logam v. George Kent (Malaysia) Berhad
(Ahmad Rosli Mohd Sham) [2017] 1 ILR 473

Remedies - Compensation - Backwages - Whether backwages ought to be awarded to him - Claimant serving the company for less than a year - Effect of
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

Remedies - Reinstatement - Company relying on post-termination events to show that the claimant had not been interested in reinstatement - Whether that ought to be allowed - Claimant seeking reinstatement in his Statement of Case and his sworn testimony - Whether a speculation as to his intentions by the company could be deemed to be against the principles of equity and good conscience and an abuse of the objectives of the Industrial Relations Act 1967
Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd
(Sarojini Kandasamy) [2017] 1 ILR 582

LABOUR LAW

Employment - Dismissal - Employee employed on fixed term contract inclusive of probationary period - Employee not confirmed by employer due to incompetency - Whether employee dismissed with just cause and excuse - Whether probationer on fixed term contract entitled to backwages of unexpired portion of fixed term contract - Whether entitled to 12 months backwages - Discretion of Industrial Court in rescaling percentage for post-dismissal earnings - Industrial Relations Act 1967
Malayan Banking Bhd v. Mahkamah Perusahaan Malaysia & Anor
(Collin Lawrence Sequerah) [2017] 1 ILR 417

INDEKS PERKARA

PEMBUANGAN KERJA

Ketidakpatuhan terhadap peraturan dan polisi syarikat - Kecurian - Sama ada YM telah mencuri barangan milik syarikat - Keterangan yang dikemukakan - Kesannya - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat terhadapnya - Penjelasan YM - Sama ada dapat diterima - Faktor-faktor yang harus diambil kira - Kesannya - Tindakan syarikat terhadapnya - Sama ada penamatan perkhidmatan YM telah dilakukan secara adil dan bersebab
Nor Azly Zakariah lwn. F & N Beverages Manufacturing Sdn Bhd
(Rosenani Abd Rahman) [2017] 1 ILR 631

Pembuangan kerja secara konstruktif - YM diserang dan dicederakan oleh COW1 sebelum dipecat - Sama ada dibuktikan oleh YM - Keterangan yang dikemukakan - Kesannya - Sama ada tindakan COW1 tersebut, sebagai majikan adalah wajar - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada YM telah dibuang kerja secara konstruktif - Sama ada pembuangan kerjanya telah dilakukan secara adil dan bersebab
Chandra Segaran Panyashelwam lwn. Syarikat Bintang Sembilan
(Siti Salwa Musa) [2017] 1 ILR 621

Pembuangan secara konstruktif - Sama ada YM telah diserang dan dicederakan oleh COW1 sebelum dipecat - Keterangan yang dikemukakan - Kesannya - Sama ada YM telah meninggalkan pekerjaannya atas kehendaknya sendiri - Fakta-fakta yang harus diambil kira - Kesannya - Tindakan syarikat - Apa ia menunjukkan - Alasan yang dikemukakan oleh syarikat untuk tidak mengambil tindakan - Sama ada dapat diterima - Sama ada YM telah dibuang kerja secara konstruktif - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)
Chandra Segaran Panyashelwam lwn. Syarikat Bintang Sembilan
(Siti Salwa Musa) [2017] 1 ILR 621


	BULLETIN 4/2017
LATEST CASES (ILR Issue 3 of 2017) SUBJECT INDEX CIVIL PROCEDURE Judicial review - Certiorari - Application to quash award by Industrial Court - Employment on fixed term contract inclusive of probationary period - Employee not confirmed by employer - Industrial Court awarded backwages of 12 months with rescaling of 20% for post-dismissal earnings - Whether employee terminated with just cause and excuse - Whether award appropriate - Whether there was reviewable error by Industrial Court Malayan Banking Bhd v. Mahkamah Perusahaan Malaysia & Anor (Collin Lawrence Sequerah JC) [2017] 1 ILR 417 CONTRACT OF EMPLOYMENT Terms and conditions - Notice of termination - Company raising other reasons not stated in his termination letter as reasons for his dismissal - Whether ought to be allowed - Factors to consider - Effect of Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 DISMISSAL Absenteeism - Whether the claimant had gone on leave without approval - Whether the company had had a set of established procedures in place for leave applications - Evidence adduced - Effect of - Whether the claimant had chosen to ignore it - Claimant's explanations - Whether acceptable - What the claimant should have done - Whether he had been absent from work without leave - Whether charge proven by the company against him Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd (Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509 Attendance - Lateness - Whether the claimant had been habitually late in coming to work - Evidence adduced - Effect of - His explanations for the same - Whether could be accepted - Whether this allegation had been proven by the company against him - Company's actions towards him - Whether reasonable - Whether the company had been justified in dismissing him based on this ground - Factors to consider - Effect of - Whether dismissal without just cause and excuse Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd (Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509 Breach of company rules and policies - Conflict of interest with the bank's business - Claimant buying property that had been subject to foreclosure proceedings, below its market value - Whether she had had an arm's length transaction with the Borrower - Factors to consider - Effect of - Position held by the claimant in the bank - Whether she had abused her position - Whether her conduct had been in conflict of interest with the duty she had owed to the bank - Evidence adduced - Effect of - Her explanations - Whether could be accepted - Whether she had been aware of the COE and its contents - Claimant's length of service in the bank - Whether her actions had constituted serious misconduct which had warranted her dismissal - Whether her dismissal had been without just cause and excuse Ang Bee Hong v. HSBC Bank Malaysia Berhad (Sarojini Kandasamy) [2017] 1 ILR 537 Breach of company rules and policies - Dishonesty - Claimant allegedly misleading the company on the new recruit's salary - Whether proven by the company - Evidence adduced - Effect of - Whether the company had succeeded in proving this allegation against him - What the company should have done - Whether dismissal without just cause and excuse Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Breach of company rules and policies - Dishonesty - Claimant allegedly not following the company's procedures to ship out products to its customers - Whether proven by the company - Evidence adduced - Effect of - Whether the company had succeeded in proving this allegation against him - Whether his dismissal had been with just cause and excuse Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Breach of company rules and policies - Dishonesty - Whether the claimant had bought property that had been subject to foreclosure proceedings, below its market value - Evidence adduced - Evaluation of - Effect of - Claimant failing to disclose her true identity to the Borrower - Reasons for the same - Whether she had acted ethically and with integrity - Position held by the claimant - Whether she had opened the bank up to the risk of public scrutiny and legal action - Factors to consider - Whether she had been in breach of the bank's COE - Whether it had been serious misconduct that had justified her dismissal Ang Bee Hong v. HSBC Bank Malaysia Berhad (Sarojini Kandasamy) [2017] 1 ILR 537 Breach of company rules and policies - Fraud - Whether the claimant, by his actions, had breached the policies and guidelines of the bank - Evidence adduced - Evaluation of - Effect of - Whether he had failed to discharge his duties to the bank - Factors to consider - Position held and seniority of the claimant in the bank - Implications of his actions to the bank - Claimant's defence - Whether acceptable - Whether the bank had been justified in dismissing him - Whether dismissal without just cause or excuse Redzuan Yaacob v. Bank Kerjasama Rakyat Malaysia Berhad (Fredrick Indran XA Nicholas) [2017] 1 ILR 477 Breach of company rules and policies - Fraud - Whether the claimant had forged the company's employees' signatures on the DOs - Evidence adduced - Evaluation of - Effect of - Claimant's explanations - Whether acceptable - Whether this allegation had been proven by the company against him - What it should have done - Whether dismissal without just cause and excuse Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Insubordination - Claimant castigating COW2 and trying to paint him as a racially-biased and fanatical person - Whether the claimant had been disrespectful towards COW2 - Whether he had proven his allegations against COW2 - Factors to consider - Evidence adduced - Effect of - Whether his actions had constituted insubordinate behaviour - His reasons for the same - Whether acceptable - Whether this charge had been proven by the company - Whether it had justified the company dismissing him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Seerangan Kuppusamy v. Maju Jutabina Sdn Bhd (Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 509 Insubordination - Whether the claimant had acted in an insubordinate manner towards the college - College's actions towards her - Whether it had constituted condonation - Factors to consider - Effect of Khoo Siew Beng v. Penang Medical College (Fredrick Indran XA Nicholas) [2017] 1 ILR 429 Insubordination - Whether the claimant's refusal to go on a posting had constituted insubordinate behaviour - Evidence adduced - Effect of - Whether the college had exercised its management prerogative in a bona fide manner - Factors to consider - Effect of - Whether insubordination proven by the college - Claimant's behaviour towards the college - What it had shown - Whether the college had been justified in dismissing her - Whether dismissal with just cause and excuse Khoo Siew Beng v. Penang Medical College (Fredrick Indran XA Nicholas) [2017] 1 ILR 429 Misconduct - Claimant failing to disclose to the bank that she had entered into a potentially compromising or conflicting business relationship with the Borrower - Whether she had been in breach of the COE - Factors to consider - What she should have done - Claimant informing the bank after the event - What that had shown - Whether she had been aware of the contents of the COE - Factors to consider - Whether her actions had constituted serious misconduct justifying her dismissal - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Ang Bee Hong v. HSBC Bank Malaysia Berhad (Sarojini Kandasamy) [2017] 1 ILR 537 Misconduct - Claimant mortgaging her existing residence and obtaining an additional loan facility from an outside financial institution without the bank's approval - Whether she had been in breach of the COE and her employment letter - Factors to consider - Perusal of - Evaluation of - Effect of - Whether she had been aware of the contents of the COE - Whether her actions had constituted serious misconduct justifying her dismissal Ang Bee Hong v. HSBC Bank Malaysia Berhad (Sarojini Kandasamy) [2017] 1 ILR 537 Misconduct - Seven charges of misconduct levelled against the claimant in relation to, inter alia, the abuse of her position in the bank and her breach of the COE - Whether the charges had been proven against her - Factors to consider - Evidence adduced - Effect of - Claimant in a special category of employees in the financial services industry - Whether there had been a higher standard of integrity put on her in executing her duties and responsibilities - Position held by her in the bank - Her length of service in the banking industry - Whether her misconduct had been serious enough to warrant her dismissal Ang Bee Hong v. HSBC Bank Malaysia Berhad (Sarojini Kandasamy) [2017] 1 ILR 537 Retrenchment - Reorganisation - Claimant redeployed due to a restructuring exercise undertaken by the company - Whether the restructuring had been a bona fide exercise undertaken by the company - Factors to consider - Evidence adduced - Effect of - Whether the claimant's position had become redundant - Factors to consider - Claimant offered alternative employment but turning it down - Company's actions against him thereafter - Whether reasonable - Whether the claimant's retrenchment had been carried out bona fide Mohamad Fadzly Yusof v. Acerinox SC Malaysia Sdn Bhd (Gulam Muhiaddeen Abdul Aziz) [2017] 1 ILR 524 DOMESTIC INQUIRY Procedural impropriety - Whether there had been anything obviously untoward or conspicuously unfair in the proceedings - Factors to consider - Effect of - Claimant wilfully refusing the DI - What it had shown Khoo Siew Beng v. Penang Medical College (Fredrick Indran XA Nicholas) [2017] 1 ILR 429 EVIDENCE Burden of proof - Company alleging forgery of Mages's signature - Whether a personal visual comparison had sufficed - What it should have done - Effect of - Whether the legal threshold had been satisfied Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Burden of proof - Whether discharged by the company in proving the allegations against the claimant - Evidence adduced - Evaluation of - Whether dismissal without just cause and excuse Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Documentary evidence - Company relying on Mages's police report to prove the allegation against the claimant - Whether Mages had had personal knowledge of the matters stated therein - Whether the police report had been a report made contemporaneous with the occurrence or the existence of the facts stated therein - Whether it had probative value - Whether its prejudicial effect had outweighed its probative value - Factors to consider - Effect of - Evidence Act 1950, s. 73A Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Documentary evidence - Whether the charges brought against the claimant had been defective for want of material particulars - Factors to consider - Effect of Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Witness - Failure to call - Company failing to call Mages - Whether it had taken all reasonable steps to locate her - Factors to consider - Whether it had been withholding or suppressing her attendance or refusing to adduce her as a witness - Evaluation of the evidence - Effect of - Whether an adverse inference ought to be drawn against it Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Witness - Failure to call - Company failing to call the new recruit - Reasons for the same - Whether an adverse inference ought to be drawn against it - Evidence Act 1950, s. 114(g) Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 INDUSTRIAL COURT Procedure - Action - Application to recuse the panel member of the union - Whether should be allowed - Factors to consider - Effect of Kesatuan Pekerja-pekerja Perusahaan Logam v. George Kent (Malaysia) Berhad (Ahmad Rosli Mohd Sham) [2017] 1 ILR 473 Remedies - Compensation - Backwages - Whether backwages ought to be awarded to him - Claimant serving the company for less than a year - Effect of Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 Remedies - Reinstatement - Company relying on post-termination events to show that the claimant had not been interested in reinstatement - Whether that ought to be allowed - Claimant seeking reinstatement in his Statement of Case and his sworn testimony - Whether a speculation as to his intentions by the company could be deemed to be against the principles of equity and good conscience and an abuse of the objectives of the Industrial Relations Act 1967 Liew Wing Fai @ Lew Wing Fai v. Dry Cut Sdn Bhd (Sarojini Kandasamy) [2017] 1 ILR 582 LABOUR LAW Employment - Dismissal - Employee employed on fixed term contract inclusive of probationary period - Employee not confirmed by employer due to incompetency - Whether employee dismissed with just cause and excuse - Whether probationer on fixed term contract entitled to backwages of unexpired portion of fixed term contract - Whether entitled to 12 months backwages - Discretion of Industrial Court in rescaling percentage for post-dismissal earnings - Industrial Relations Act 1967 Malayan Banking Bhd v. Mahkamah Perusahaan Malaysia & Anor (Collin Lawrence Sequerah) [2017] 1 ILR 417 INDEKS PERKARA PEMBUANGAN KERJA Ketidakpatuhan terhadap peraturan dan polisi syarikat - Kecurian - Sama ada YM telah mencuri barangan milik syarikat - Keterangan yang dikemukakan - Kesannya - Sama ada pertuduhan ini berjaya dibuktikan oleh syarikat terhadapnya - Penjelasan YM - Sama ada dapat diterima - Faktor-faktor yang harus diambil kira - Kesannya - Tindakan syarikat terhadapnya - Sama ada penamatan perkhidmatan YM telah dilakukan secara adil dan bersebab Nor Azly Zakariah lwn. F & N Beverages Manufacturing Sdn Bhd (Rosenani Abd Rahman) [2017] 1 ILR 631 Pembuangan kerja secara konstruktif - YM diserang dan dicederakan oleh COW1 sebelum dipecat - Sama ada dibuktikan oleh YM - Keterangan yang dikemukakan - Kesannya - Sama ada tindakan COW1 tersebut, sebagai majikan adalah wajar - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada YM telah dibuang kerja secara konstruktif - Sama ada pembuangan kerjanya telah dilakukan secara adil dan bersebab Chandra Segaran Panyashelwam lwn. Syarikat Bintang Sembilan (Siti Salwa Musa) [2017] 1 ILR 621 Pembuangan secara konstruktif - Sama ada YM telah diserang dan dicederakan oleh COW1 sebelum dipecat - Keterangan yang dikemukakan - Kesannya - Sama ada YM telah meninggalkan pekerjaannya atas kehendaknya sendiri - Fakta-fakta yang harus diambil kira - Kesannya - Tindakan syarikat - Apa ia menunjukkan - Alasan yang dikemukakan oleh syarikat untuk tidak mengambil tindakan - Sama ada dapat diterima - Sama ada YM telah dibuang kerja secara konstruktif - Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5) Chandra Segaran Panyashelwam lwn. Syarikat Bintang Sembilan (Siti Salwa Musa) [2017] 1 ILR 621
Copyright Mylawbox Sdn Bhd