CASE HIGHTLIGHTS

KAVITHA CHAKRAVARTHY v. MALAYAN BANKING BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 380 OF 2021 [CASE NO: 4/4-2000/19]
8 MARCH 2021

DISMISSAL: Insubordination – Whether the claimant had raised her voice at her Line Manager, whilst making disparaging, derogatory, degrading as well as threatening remarks using profanity, against him – Factors to consider – Evidence adduced – Effect of – Whether her conduct had constituted insubordinate behaviour – Claimant’s defence – Whether could be accepted – Whether the charge had successfully been proven by the bank – Effect of – Whether it had constituted serious misconduct – Whether it had justified her dismissal – Whether dismissal without just cause and excuse

DOMESTIC INQUIRY: Absence of – Whether fatal to the bank’s case – Whether there had been a breach of the rules of natural justice

EVIDENCE: Audio recording – Tape recording of conversation without claimant’s knowledge – Whether illegal – Whether could be accepted into evidence – Factors to consider – Evidence adduced – Effect of

EVIDENCE: Witness – Whether the claimant had been a credible witness – Factors to consider – Evidence adduced – Effect of – Whether she had shown remorse in Court – Effect of


ABDUL QADIR OSMAN MOHD AROS v. INSTITUT DARUL RIDZUAN BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
AWARD NO. 450 OF 2021 [CASE NO: 6(15)(10)/4-1921/19]
15 MARCH 2021

DISMISSAL: Abandonment – Claimant tendering his resignation after receiving the suspension notice from the company – Effect of – What his actions had shown – Whether he had acted prematurely – What he should have done – Whether he had voluntarily walked out and abandoned his employment in an attempt to escape the disciplinary process

DISMISSAL: Constructive dismissal – Denial of entry into company premises – Whether the claimant had been denied entry into the company’s premises to perform his job – Evidence adduced – Evaluation of – Effect of – Whether it had justified him walking out and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Salary – Non-payment of – Claimant delaying taking action – Whether he had waived the breach – Factors to consider – Evidence adduced – Effect of – Reasons for the company’s non-payment unchallenged by the claimant – Effect of – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Suspension – Claimant seeking reasons for the suspension and objecting to it by way of letters – Company not responding to the claimant’s letters – Effect of – Whether the claimant had been suspended at the material time – Factors to consider – Evidence adduced – Effect of – Whether his actions had been premature – What he should have done – Whether the company’s failure to respond to his letters had constituted a fundamental breach of the contract of employment – Whether the company had been aware of the letters – Effect of – Whether the claimant’s claim for constructive dismissal ought to be allowed

DISMISSAL: Constructive dismissal – Suspension – Whether the company had committed a fundamental breach of his contract of employment by suspending him – Factors to consider – Effect of – Claimant’s conduct – What it had shown – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Notice of termination – Claimant suspended vide WhatsApp communication – Whether it had been an acceptable or sufficient mode of communication between the parties – Factors to consider – Evidence adduced – Effect of