CASE HIGHTLIGHTS

SUMITRA SABARATNAM v. KUALITI GOLD SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ISHAK MOHD YUSOFF
AWARD NO. 1115 OF 2016 [CASE NO: 1(15)/4-1017/14]
10 OCTOBER 2016

INDUSTRIAL COURT: Jurisdiction - Challenge to - Claimant claiming forced resignation in her Statement of Case contrary to the contents of the Ministerial reference - Effect of - Whether her actions had ousted the Industrial Court's jurisdiction to hear the case - Factors to consider - Whether the Industrial Court had jurisdiction to hear the matter


 

MOHD NORHELMI MOHD SALLEH v. MALINDO AIRWAYS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 1207 OF 2016 [CASE NO: 3/4-936/15]
20 OCTOBER 2016

CONTRACT OF EMPLOYMENT: Type of - Fixed-term contract - Whether the claimant had been a permanent employee - Evidence adduced - Factors to consider - Effect of

CONTRACT OF EMPLOYMENT: Type of - Fixed-term contract - Whether the claimant had been employed under a genuine fixed-term contract - Perusal of the claimant's contract of employment - Evidence adduced - Effect of - Claimant promoted several times during his employment with the company - Whether the company's actions had changed his fixed-term contract to one of permanent employment - Factors to consider - Effect of - Whether the company's actions of terminating him based on the fact that his contract had expired had constituted a dismissal - Whether dismissal without just cause and excuse

EVIDENCE: Adverse inference - Company failing to call Mohd Faizal and Melanie Guna to testify - Whether they had been important witnesses - Factors to consider - Whether an adverse inference ought to be drawn against the company

INDUSTRIAL COURT: Jurisdiction - Claimant failing to plead reinstatement in his pleadings - Whether the Industrial Court had jurisdiction to hear the matter - Factors to consider - Effect of

INDUSTRIAL COURT: Remedies - Backwages - Claimant failing to plead in his Statement of Case - Whether backwages should be awarded - Factors to consider - Effect of

INDUSTRIAL COURT: Remedies - Reinstatement - Claimant failing to plead in his Statement of Case - Whether it precluded the Industrial Court from hearing the matter

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