CASE HIGHTLIGHTS

NATIONAL UNION OF TRANSPORT EQUIPMENT AND ALLIED INDUSTRIES WORKERS v. PEPS-JV (MELAKA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: NG SOO SEONG
EMPLOYERS’ PANEL: MURUGAHIA TIRUGANASAMBANTHAN
AWARD NO. 1479 OF 2020 [CASE NO: 3/3-2088/19]
6 OCTOBER 2020

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on overtime payment for work done on rest days and public holidays – Company unilaterally changing the benefits under the two articles of the CA by way of its Circular – Whether the company’s actions had contravened the articles in the CA – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, ss. 17 & 30(5)


YANG MEE ENG v. MALAYSIA DIGITAL ECONOMY CORPORATION SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOR AFIZAH HANUM MOKHTAR
AWARD NO. 1640 of 2020 [CASE NO: 20/4-1801/18]
9 NOVEMBER 2020

DISMISSAL: Constructive dismissal – Transfer – Claimant transferred – Whether she had delayed in claiming constructive dismissal – Factors to consider – Evidence adduced – Effect of – Whether she had given reasonable explanation for her delay – Whether her claim ought to be allowed

DISMISSAL: Constructive dismissal – Transfer – Claimant transferred – Reasons for the same – Whether the company had been justified in its actions towards her – Factors to consider – Evidence adduced – Effect of – Whether its actions had been a fundamental breach that had gone to the root of her contract of employment – Whether the transfer had been carried out bona fide – Whether the claimant had been constructively dismissed – Whether dismissal without just cause and excuse