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LATEST CASES (ILR Issue 8 of 2023) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Certiorari – Challenge against award of Industrial Court –
Employee dismissed by employer following submissions of false claims –
Industrial Court ruled that employee was dismissed without just cause and
excuse and ordered employer to pay compensation to employee – Whether
Industrial Court gave sufficient consideration to evidence adduced –
Whether Industrial Court took into consideration facts that were not pleaded
– Whether Industrial Court acted in excess of jurisdiction – Whether
decision of Industrial Court tainted with errors of law, irrationality and/or
unreasonableness – Whether award ought to be quashed CONTRACT Employment contract – Breach – Bond – Employee director of company
running similar business as employer – Employer terminated employee’s
employment – Whether employee resigned – Whether employee liable to
pay bond Employment contract – Breach – Employee received termination notice by
employer – Redundancy and end of project stated as grounds of termination
– Whether employment contract ended prematurely – Whether there was
fundamental breach of employment contract Employment contract – Breach – Non-payment of salaries – Employer failed
to make payments of salaries to employee despite promises and assurances
that salaries would be settled – Whether fundamental breach of express and
integral term of employment agreement – Whether non-payment of salaries
entitled employee to treat employment contract as terminated and himself as
being dismissed INDUSTRIAL COURT Award – Non-compliance – Complaint on non-compliance of award
ordering company to pay sums to complainant – Allegation that company
and directors not employer of complainant – Whether afterthought –
Whether non-compliance of award established – Industrial Relations Act
1967, s. 56(1) INTELLECTUAL PROPERTY Copyright – Infringement – Photographs – Claimant discovered photos of
subcontracted works displayed on alleged infringer’s website – Who was
author of photos – Whether claimant’s employee – Whether photos eligible
for copyright – Whether claimant owned copyright to photos – Whether
alleged infringer obtained claimant’s permission to reproduce photos on
website – Copyright Act 1987, s. 13(1)(a) & (aa) LABOUR LAW Constructive dismissal – Non-payment of salaries – Employer failed to make
payments of salaries to employee despite promises and assurances that
salaries would be settled – Whether there was constructive dismissal –
Whether conditions for employee to claim constructive dismissal fulfilled –
Whether employee dismissed without just cause or excuse Dismissal – Domestic inquiry – Employee dismissed from employment for
two charges relating to gross dereliction of duties and giving misleading and
false statements – Whether charges proven – Whether domestic inquiry
conducted with observation of natural justice – Whether claimant given
opportunity to be heard and to present case – Whether domestic inquiry
heard before impartial tribunal – Whether dismissal with just cause or excuse Dismissal – Probation – Probationer employed by employer with three-year
fixed term contract – Six months’ review period – Probationer found to be
unsuitable for position and dismissed from employment at end of
performance review period – Whether claimant had right to be employed
until expiry of contract – Whether decision not to continue probationer and
to dismiss him done arbitrarily or capriciously Dismissal – Redundancy – Allegation of – Employee received termination
notice by employer – Redundancy and end of project stated as grounds of
termination – Whether employee dismissed employee on ground of
redundancy or end of contract of employment – Whether dismissal with just
cause or excuse Dismissal – Retrenchment – Redundancy – Employee employed past
retirement age – Whether dismissal done with just cause or excuse – Whether
retrenched – Whether there were existing circumstances justifying
termination – Whether retrenchment exercise bona fide and fair labour
practice – Whether reinstatement proper remedy Employment – Dismissal – Allegation of serious misconduct – Sous chef
dismissed from employment – Failure to take food order from company’s
manager – Whether serious misconduct warranting dismissal – Whether
within sous chef’s scope of duty to take food order – Whether dismissal with
just cause or excuse – Whether termination amounted to termination
simpliciter Employment – Dismissal – Misconduct – Allegation of abuse of medical
claims – Unreasonable medical claims – Employer conducted analysis of
medical claims – Claimant identified as one of employees with unreasonable
medical claims for herself and her dependants – Domestic inquiry carried out
found claimant guilty of misusing employer’s treatment and medical benefits,
causing employer to suffer losses – Claimant dismissed from employment –
Whether dismissal with just cause or excuse Misconduct – False claims – Employee dismissed by employer following
submissions of false claims – Industrial Court ruled that employee was
dismissed without just cause and excuse and ordered employer to pay
compensation to employee – Whether decision of Industrial Court tainted
with errors of law, irrationality and/or unreasonableness Misconduct – Punishment – Proportionality – Allegation of abuse of medical
claims – Unreasonable medical claims – Employer conducted analysis of
medical claims – Claimant identified as one of employees with unreasonable
medical claims for herself and her dependants – Domestic inquiry carried out
found claimant guilty of misusing employer’s treatment and medical benefits,
causing employer to suffer losses – Claimant dismissed from employment –
Whether punishment too severe – Whether punishment proportionate to
alleged misconduct TORT Conversion – Allegation of – Employee director of company running similar
business as employer – Employer terminated employee’s employment and
demanded for return of company’s assets/properties/equipment – Employee
failed to return items – Whether explanation given justified – Whether
retention of items unreasonable and unacceptable – Whether employee’s acts
deprived employer from use and possession of items – Whether constituted
tort of conversion Passing off – Allegation of – Employee director of company running similar
business as employer – Whether there was real likelihood of confusion or
deception of public of commercial connection between tortfeasor and injured
party – Whether tortfeasor passing its services off as services of injured party
– Whether there was misrepresentation – Whether there were damages –
Whether claim for tort of passing off ought to be allowed WORDS & PHRASES ‘Gross negligence’ – Employee dismissed from employment for two charges
relating to gross dereliction of duties – Whether there was wilful or
intentional act of negligence or misconduct done by employee – Whether
dismissal with just cause or excuse INDEKS PERKARA UNDANG-UNDANG BURUH Pekerjaan – Pemecatan – Salah laku – Pekerja dipecat atas dakwaan salah
laku – Sama ada pekerja ada menerima surat tunjuk sebab atau amaran yang
menjurus pada salah laku – Sama ada pengesahan dalam jawatan, kenaikan
gaji dan pemberian bonus menunjukkan pekerja mempunyai prestasi kerja
yang baik – Sama ada pekerja ada menimbulkan apa-apa masalah pada
majikan sepanjang perkhidmatan – Sama ada pemecatan dilakukan atas sebab
atau alasan adil Pekerjaan – Penamatan – Pihak menuntut ditamatkan perkhidmatan –
Pelanggaran – Kontrak pekerjaan – Sama ada penamatan perkhidmatan pihak
menuntut dibuat secara adil – Sama ada tindakan majikan menamatkan
perkhidmatan tidak wajar serta tanpa sebab atau alasan munasabah – Majikan
gagal hadir perbicaraan – Sama ada pengembalian jawatan remedi yang sesuai |
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