YAN XIA v. MCC OVERSEAS (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 704 OF 2022 [CASE NO: 22/4-1858/19]
20 APRIL 2022

CONTRACT OF EMPLOYMENT: Terms and conditions – Clause on retirement – Contract of Employment silent on it but claimant bound by terms and conditions in Staff Handbook Versions 1 and 2 – Retirement age in Staff Handbook Version 2 amended to 55 for female Chinese nationals – Claimant a Chinese national – Whether her retirement age had been 55 – Whether the company had promised to retire her at 60 – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the claimant had been retired lawfully or dismissed by the company – Whether dismissal without just cause and excuse

DISMISSAL: Notice of termination – Claimant served a Notice of Retirement – Whether it had complied with the company's Staff Handbooks – Whether she had been retired by the company – Factors to consider – Evidence adduced – Effect of – Claimant a China Chinese employee/Chinese national – Whether she had been subject to the Minimum Retirement Age Act 2012

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SIVAKUMAR PALANIANDY v. TEKNICAST SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
SYED NOH SAID NAZIR
AWARD NO. 932 OF 2022 [CASE NO. 21/4-2659/20]
23 MAY 2022

DISMISSAL: Absenteeism – Whether the claimant had been absent from work without leave – Factors to consider – Evidence adduced – Effect of – Contents of the Dismissal letter – What it had shown – Whether absenteeism successfully proven against him – Company's actions towards him – Whether acceptable and could be condoned – Effect of – Claimant's years of service with the company – No warning or show cause letters issued to him – What that had indicated – Whether his dismissal had been justified – Whether dismissal without just cause and excuse

DISMISSAL: Insubordination – Whether the claimant had been issued the Travel letter – Whether he had been instructed to be physically present at work – Claimant the only person in the Planning section asked to be physically present at work – Effect of – Claimant's name not on the MITI permission approval list – Effect of – What the company's actions towards him had indicated – Whether it had acted bona fide towards him

INDUSTRIAL COURT: Remedies – Compensation – Backwages and compensation in lieu of reinstatement – Calculation of – Factors to consider – Effect of

INDUSTRIAL COURT: Remedies – Reinstatement – Whether suitable to award the claimant – Company making unsubstantiated allegations that his wife had absconded and that he had been involved with loan sharks – Effect of

Award	Parties	Citation	Links
	Md Zaini Abdullah & Ors v. Panasonic Automotive Systems [Civil Appeal No: PA-16-3-04-2021]	[2022] 3 ILR 1
	Mohd Shukri Roslan lwn. Dato' Sri Hj Mustafar Hj Ali & Yang Lain [Semakan Kehakiman No: DA-25-2-04-2021]	[2022] 3 ILR 15
	Tan Wee Ching v. DA Tong Shi Je Supplies & Services Sdn Bhd & Another Appeal [Civil Appeal Nos: A-01(A)-674-11-2019 & A-01(A)-688-11-2019]	[2022] 3 ILR 36
	The United States Of America v. Menteri Sumber Manusia & Ors And Another Appeal [Civil Appeal Nos: 01(f)-18-10-2021(W) & 01(f)-19-10-2021(W)]	[2022] 3 ILR 53
696/2022	All Malayan Estates Staff Union v. Ladang Rakyat Terengganu Sdn Bhd [Case No: 4/3-638/21]	[2022] 3 ILR 73
704/2022	Yan Xia v. MCC Overseas (M) Sdn Bhd [Case No: 22/4-1858/19]	[2022] 3 ILR 92
770/2022	Teh Peng Peng v. Modernria Plastic Industries (M) Sdn Bhd [Case No: 6(15)/4-879/20]	[2022] 3 ILR 110
841/2022	Shahrin Shah Abdul Rahman v. Weatherford (Malaysia) Sdn Bhd [Case No: 17/4-1196/18]	[2022] 3 ILR 129
853/2022	Saiful Roslin Ahmad Shukri v. Binasat Sdn Bhd [Case No: 20/4-2684/20]	[2022] 3 ILR 145
885/2022	Han Lit Chaw v. SDP Packaging Sdn Bhd [Case No: 16/4-2412/20]	[2022] 3 ILR 159
932/2022	Sivakumar Palaniandy v. Teknicast Sdn Bhd [Case No: 21/4-2659/20]	[2022] 3 ILR 176
952/2022	Lim Kar Wee v. Urban Mobility Asia Sdn Bhd [Case No: 3/4-1411/21]	[2022] 3 ILR 194

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