FAREEN SHAZLI ALI v. KEBABANGAN PETROLEUM OPERATING COMPANY SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1672 OF 2023 [CASE NO: 4-4-523-20]
1 AUGUST 2023

Abstract – To determine whether a claimant is a workman or an employee of a company under s. 2 of the Industrial Relations Act 1967, the court would look at, inter alia, the terms of the employment contract of the claimant, the facts surrounding the case, the acts/conducts of the claimant, company and/or third parties and the party who pays the claimant’s remunerations, monthly contributions and insurance coverage.

LABOUR LAW: Employment – Dismissal – Allegations of – Company entered into contract with third party for provision of general and specialist manpower services for company – Third party to provide individuals as contractors to perform certain functions for company – Claimant provided by third party to company and was emplaced in company – Claimant’s performance below expectations and company ceased claimant’s emplacement – Whether there was dismissal by company

CONTRACT: Employment contract – Contract for services – Company entered into contract with third party for provision of general and specialist manpower services for company – Third party to provide individuals as contractors to perform certain functions for company – Claimant provided by third party to company and was emplaced in company – Claimant’s performance below expectations and company ceased claimant’s emplacement – Whether contract for services entered between claimant and company or claimant and third party – Whether claimant workman/ employee of company – Whether claimant independent contractor under contract for services with third party – Whether claimant ought to pursue action against company or third party – Industrial Relations Act 1967, s. 2

---

CHAU KOK SIANG v. CASTWELL INDUSTRIES (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1677 OF 2023 [CASE NO: 22-4-32-20]
1 AUGUST 2023

Abstract – When a claim is premised on constructive dismissal, the burden of proof is shouldered by the claimant. The claimant must prove, with certainty and sans any ambiguity, as to the actual date he deemed himself constructively dismissed and that he had walked out of his employment immediately thereafter.

LABOUR LAW: Dismissal – Constructive dismissal – Date of alleged constructive dismissal – Employee claimed to be constructively dismissed by employer – Court faced with five different dates of alleged dismissal – Preliminary issue raised as to whether there was ambiguity and/or uncertainty as to claimant’s actual date of dismissal from employment with company – Whether preliminary issue ought to be allowed

Award	Parties	Citation	Links
	QSR Brands (M) Holdings Sdn Bhd v. Mahkamah Perusahaan Malaysia & Anor [Judicial Review Application No: WA-25-151-04-2021]	[2023] 3 ILR 459
	Yoon Goon How v. Aston Villa Sdn Bhd [Civil Suit No: WA-22NCvC-808-11-2018]	[2023] 3 ILR 484
1594/2023	Kesatuan Pekerja-pekerja Kelab Semenanjung Malaysia v. Bukit Kiara Resort Berhad [Case No: 3-3-1-21]	[2023] 3 ILR 506
1597/2023	Roshidah Daud v. USG Boral Sdn Bhd [Case No: 10-4-2000-20]	[2023] 3 ILR 517
1672/2023	Fareen Shazli Ali v. Kebabangan Petroleum Operating Company Sdn Bhd [Case No: 4-4-523-20]	[2023] 3 ILR 557
1677/2023	Chau Kok Siang v. Castwell Industries (M) Sdn Bhd [Case No: 22-4-32-20]	[2023] 3 ILR 574
1717/2023	Gan Kok Kuan v. Furniweb Manufacturing Sdn Bhd [Case No: 14(21)(22)-4-713-19]	[2023] 3 ILR 588
1720/2023	Ngoi Kuan Ming lwn. Getronics Sdn Bhd [No. Kes: 2-4-1993-21]	[2023] 3 ILR 607
1743/2023	Syed Agil Syed Hashim v. Malaysian Bioeconomy Development Corporation Sdn Bhd [Case No: 20-4-1686-21]	[2023] 3 ILR 623
1757/2023	Bruce Dargus v. Cloudfx Malaysia Sdn Bhd [Case No: 19(1)-1-2275-20]	[2023] 3 ILR 639
1792/2023	Liew Mei Hang v. VHQ Hong Kong Sea Limited [Case No: 7-4-389-21]	[2023] 3 ILR 648
1832/2023	Azlan Jaafar v. Sarawak Media Group Sdn Bhd [Case No: 8-4-985-22]	[2023] 3 ILR 662

SUBJECT INDEX

1. QSR Brands (M) Holdings Sdn Bhd v Mahkamah Perusahaan Malaysia & Anor [2023] 3 ILR 459 (HC) quashing Industrial Court Award of Danny Nesan Santhyagoo v QSR Brands (M) Holdings (M) Sdn Bhd [2021] 2 LNS 0091.