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LATEST CASES (ILR Issue 10 of 2023) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal against – Challenge against decision of Industrial Court – Claimant transferred and re-designated – Claimant protested
vigorously but complaints fell on deaf ears of employer – Industrial Court
held that there was no constructive dismissal – Whether decision of
Industrial Court tainted with errors – Whether ought to be quashed Judicial review – Application for – Challenge against decision of Industrial Court – Applicant’s service with company terminated – Applicant filed
representation against company at Industrial Court – Applicant sought
discovery of documents from third-party foreign companies – Industrial
Court dismissed application for discovery of documents – Whether
Industrial Court seized with extra-territorial jurisdiction over foreign
companies – Whether documents sought relevant, necessary or were in
interest of justice – Whether decision of Industrial Court tainted with error
of law, irrationality and/or unreasonableness – Industrial Relations Act
1967, s. 29(g) – Industrial Court Rules 1967, r. 21B Judicial review – Challenge against decisions of Industrial Court –
Application to quash decisions of Industrial Court – Training scheme –
Organisation came up with training programme to allow graduate to
experience with two employers of different sectors – Applicant accepted
fixed term employment offered by training organisations – Applicant
removed from programme – Whether removal amounted to dismissal
without just cause and excuse – Industrial Court held that there was no
dismissal – Whether decision of Industrial Court tainted with illegality,
irrationality and unreasonableness – Whether ought to be quashed CONTRACT Employment contract – Contract of service – Fixed term contract –
Claimant offered employment by company for specific period or until
completion of project – Allegation that claimant orally informed by company
that his contract would be extended for period of two years – Claimant
handed termination letter stating that contract would end and there be no
further renewal – Whether there was premature termination – Whether there
was oral communication that contract would be extended – Whether contract
ended through effluxion of time Employment contract – Contract of service – Intention – Claimant offered
employment by company for specific period or until completion of project
– Allegation that claimant orally informed by company that his contract
would be extended for period of two years – Claimant handed termination
letter stating that contract would end and there be no further renewal –
Words employed in contract – Intention of parties at time of entering
contract – Whether claimant to work until completion of project only Employment contract – Fixed term employment contract – Training scheme
– Organisation came up with training programme to allow graduate to
experience with two employers of different sectors – Applicant accepted
fixed term employment offered by training organisations – Applicant
removed from programme – Whether applicant entered into umbrella
contract of employment and hybrid contract – Whether applicant had
legitimate expectation to be employed and trained as per duration specified
under contract – Whether organisation failed to give reasoned decision for
removing applicant – Whether contract expired on effluxion of time INDUSTRIAL COURT Jurisdiction – Extra-territorial jurisdiction – Applicant’s service with
company terminated – Applicant filed representation against company at
Industrial Court – Applicant sought documents from third-party foreign
companies – Whether court seized with jurisdiction over third-party foreign
companies – Industrial Relations Act 1967, s. 29(g) Procedure – Rules – Discovery of documents – Application for – Applicant’s
service with company terminated – Applicant filed representation against
company at Industrial Court – Applicant sought documents from third-party
foreign companies – Whether third-party foreign companies party in
application – Whether documents in possession of company – Whether
essential elements proved – Whether there were documents – Whether
documents relevant – Whether documents in possession, custody or power
of party against whom order for discovery was sought – Whether production
of documents necessary – Whether in interest of justice to have documents
produced to fairly dispose of matter – Industrial Court Rules 1967, r. 21B LABOUR LAW Dismissal – Employee deceived and misled employer’s supplier – Domestic
inquiry – Domestic inquiry commenced against employee – Employee
dismissed from employment for breach of Code of Conduct – 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 done with just cause or excuse Dismissal – Retrenchment – Redundancy – Employer retrenched employee
on grounds of redundancy – Company allegedly facing financial hardship due
to COVID-19 pandemic and Movement Control Order – Employee’s
position consolidated with another position and was allegedly no longer
available in company – Whether retrenchment with just cause or excuse –
Whether there was redundancy – Whether evidence supported allegations of
financial hardship submitted by company Dismissal – Retrenchment – Redundancy – Employer retrenched employee
on grounds of redundancy – Company allegedly facing financial hardship due
to COVID-19 pandemic and Movement Control Order – Employee’s
position consolidated with another position and was allegedly no longer
available in company – Whether retrenchment with just cause or excuse –
Whether there was redundancy – Whether evidence supported allegations of
financial hardship submitted by company Employment – Dismissal – Constructive dismissal – Claimant transferred
and re-designated – Claimant protested vigorously but complaints fell on deaf
ears of employer – Whether transfer and re-designation a demotion –
Whether move by employer actuated by mala fides – Whether claimant
constructively dismissed – Whether claimant delayed in walking out from
employment – Whether delay disentitled claimant to claim for constructive
dismissal – Whether delay construed as affirmation of unilateral variation of
contract of employment Employment – Dismissal – Gross misconduct and severe breaches of
appointment terms – Employee away from office and uncontactable for one
week without approval and without providing supporting documents –
Whether misconduct established – Whether misconduct constituted just
cause or excuse for dismissal Employment – Dismissal – Gross misconduct and severe breaches of
appointment terms – Employee screamed at and scolded staff in office and
in public – Whether misconducts established – Whether misconducts
constituted just cause or excuse for dismissal Employment – Dismissal – Gross misconduct and severe breaches of
appointment terms – Employee shouted and rioted violently at company’s
panel clinic when medical chits were not provided to her – Employee begged
other patients at clinic to pay off medical bill – Employee had to be escorted
out of clinic by police – Whether misconduct established – Whether
misconduct constituted just cause or excuse for dismissal Employment – Dismissal – Misconduct – Sexual harassment – Employee
physically and verbally harassed another employee – Employee dismissed
from employment – Whether dismissal done with just cause and excuse –
Whether employer could dismiss employee without conducting disciplinary
inquiry – Whether allegations of sexual harassment need to be corroborated
Ridzuan Yahya v. Air Asia X Bhd Employment – Dismissal – Misconduct – Uttering inappropriate words –
Employee found guilty of uttering inappropriate words – Whether there was
evidence that words complained of affected other employees present –
Whether words complained of merely light-hearted banter amongst
employees Employment – Dismissal – Performance – Employee neglected performance
of duties – Whether misconduct established – Whether misconduct
constituted just cause or excuse for dismissal Retrenchment – Redundancy – Employee’s position redundant as result of
restructuring of employer’s business – Employee retrenched from
employment – Whether there was genuine need for re-organisation exercise
– Whether genuine redundancy situation had arisen which led to
retrenchment – Whether employer had complied with accepted standards
and procedure when selecting and retrenching employee – Whether dismissal
of employee done with just cause or excuse TRADE UNION Trade dispute – Salary – Employer agreed to grant double salary increment
to employee/member of union but failed to do so and rejected Union’s
request – Allegation that salary increment not granted because employee
attained maximum salary scale – Whether it was evinced that company
agreed to pay double increment to employee – Whether mere
recommendation which was not implemented |
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