SUBJECT INDEX

CONTRACT

Employment contract – Fixed term contract – Allegations of financial mismanagement – Claimant’s contract not renewed – Whether employment contract between parties genuine fixed term employment contract – Whether contract came to natural end – Whether there was break between renewal of contracts – Whether employment permanent employment dressed up as fixed term employment
Syed Hizam Alsagoff v. Cahya Mata Sarawak Berhad
(Nazri Ismail) [2023] 4 ILR 421

LABOUR LAW

Dismissal – Misconduct – Absenteeism – Employee taking emergency leave – Excessive emergency leaves – Whether employee absent from work without authorisation – Whether employee had reasonable excuse for being absent from work – Employee dismissed from employment – Duty to attend work – Whether employee dismissed with just cause and excuse – Whether reinstatement proper remedy
Tee Hui Yu v. Dahtec Marketing Sdn Bhd
(Augustine Anthony) [2023] 4 ILR 340

Employment – Dismissal – Claimant entered into fixed term contract with company – Claimant’s contract renewed several times before it was not renewed – Whether employment contract between parties genuine fixed term employment contract – Whether contract came to natural end – Whether claimant dismissed from employment – Whether reinstatement proper remedy
Syed Hizam Alsagoff v. Cahya Mata Sarawak Berhad
(Nazri Ismail) [2023] 4 ILR 421

Employment – Dismissal – Constructive dismissal – Employee used abusive and vulgar words in communication with other staff – Employee transferred and re-designated – Whether there was constructive dismissal – Whether transfer and re-designation amounted to breach of fundamental terms which went to root of employee’s contract – Whether employer authorised to transfer and re-designate employee
Francis Lim Chunn Loong v. Flexible Top Services Sdn Bhd
(Syed Noh Said Nazir) [2023] 4 ILR 388

Employment – Dismissal – Employee dismissed from employment due to allegations of poor performance – Whether proven – Whether employee warned about poor performance – Whether employee accorded sufficient opportunity to improve – Whether employee sufficiently improved performance – Whether acts of employer in giving good reviews and handing out bonus to employee indicated poor performance of employee
Jessica Barthy Das Sivadas v. American Express (M) Sdn Bhd
(Vanithamany Sivalingam) [2023] 4 ILR 374

Employment – Dismissal – Misconduct – Absenteeism and tardiness – Employee dismissed from employment due to misconduct of absenteeism and tardiness – Whether dismissal with just cause or excuse – Whether there were warnings, show cause letters and suspension prior to dismissal – Whether employer failed to swiftly and expeditiously take necessary steps to terminate services of employee for misconduct – Whether there was condonation to misconduct – Whether claimant guilty of contributory misconduct
Mohd Najib Jamaludin v. Tenaga Nasional Berhad
(Jeyaseelen T Anthony) [2023] 4 ILR 262

Employment – Dismissal – Misconduct – Forced resignation – Employee allegedly found guilty by company misconduct – Allegations that employee instigated dissatisfaction amongst staff, defamed employer and neglected to comply with management’s instructions – Whether misconduct proven – Whether alleged misconduct warranted dismissal – Whether dismissal with just cause or excuse
Tan Tai Khui v. Solar District Cooling Sdn Bhd
(Paramalingam J Doraisamy) [2023] 4 ILR 322

Employment – Dismissal – Misconduct – Misrepresentation – Employee under probation instructed to carry out survey for initiative – Material contradictions in employee’s representations and what was presented to employer – Claimant unable to substantiate information presented – Whether there was misrepresentation – Whether misconduct so serious that warranted dismissal – Whether employee discharged duties and responsibilities honestly and competently – Whether object and purpose of employee’s role effectively delivered – Whether misrepresentation prejudicial – Whether deprived employer of opportunity to ascertain true effectiveness of initiative
Suresh Ramasamy v. Hong Leong Bank Berhad
(Ahmad Zakhi Mohd Daud) [2023] 4 ILR 351

Employment – Dismissal – Misconduct – Punishment – Proportionality – Claimant rewarded with opportunity to do master's degree overseas with full scholarship from employer – Domestic inquiry carried out found claimant guilty of misusing extra allowance meant for bringing children to overseas – Claimant dismissed from employment – Whether dismissal with just cause or excuse
Syed Fazal Syed Thajudeen v. Petroliam Nasional Berhad (Petronas)
(Salahudin Hidayat Shariff) [2023] 4 ILR 401

Employment – Dismissal – Retrenchment – Hotel’s intention to close down for renovation for approximately 15 months – Hotel staff offered voluntary separation scheme (‘VSS’) – Claimants rejected VSS – Hotel re-opened two years later – Whether closure of hotel merely temporary – Whether hotel still operating during period of two years – Whether cessation of hotel’s operation or business for renovation was closure in fact – Whether real and genuine closure of business of hotel – Whether pretense and mala fide
Abdul Rashid Yusoh v. Grand Elite Sdn Bhd
(Andersen Ong Wai Leong) [2023] 4 ILR 293

Employment – Termination – Performance – Employee served with warning letters and later transferred to another department – Duties and functions of new role not explained by employer – Employee terminated three months later purportedly for not performing to management expectations – Whether there was discussion or counselling as to in which respects employee did not fulfil expectations – Whether termination with just cause or excuse
Chin Kim Meng v. General Labels & Labelling (M) Sdn Bhd
(Rajeswari Karupiah) [2023] 4 ILR 247

Misconduct – Disruptive behaviour – Using foul language and making offensive remarks
Francis Lim Chunn Loong v. Flexible Top Services Sdn Bhd
(Syed Noh Said Nazir) [2023] 4 ILR 388

Misconduct – Punishment – Proportionality – Claimant rewarded with opportunity to do master’s degree overseas with full scholarship from employer – Domestic inquiry carried out found claimant guilty of misusing extra allowance meant for bringing children to overseas – Claimant dismissed from employment – Whether punishment too severe – Whether punishment proportionate to alleged misconduct
Syed Fazal Syed Thajudeen v. Petroliam Nasional Berhad (Petronas)
(Salahudin Hidayat Shariff) [2023] 4 ILR 401