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LATEST CASES (ILR Issue 3 of 2025) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Appeal against decision of High Court in quashing
award of Industrial Court – Employees served with employer for substantial
amount of years – Employees informed by employer that another company
('company') would take over business operations – Engagement with
company for fixed term of two years and employees would first be required
to tender resignation from employer – Company to have sole discretion
whether to retain employees or not after fixed term is over – Employees
refused employment with company and chose to remain with employer –
Employer transferred employees to faraway places – Whether transfer
exercise reasonable – Whether tainted with mala fide and ulterior motives –
Whether there was constructive dismissal COMPANY LAW Director – Termination – Director of company claimed to be dismissed from
employment without any explanation proffered – Whether person holding
director position can simultaneously be employee – Whether director had
right to make representation to Industrial Court CONTRACT Employment contract – Contract of service – Nature of employment and
intention of parties – Employee served with employer as Principal –
Contract renewed continuously for four times without break even before
expiry of contract – Automatic renewal – Whether employment intended to
be permanent – Whether dismissal with just cause or excuse – Industrial
Relations Act 1967, ss. 20(3) & 30(5), (6A) Employment contract – Contract of service – Terms and conditions –
Restraint clause – Employee served with employer as Principal – Contract
of service contained restraint clause – Employee also ran gym business –
Allegation that employee contravened restraint clause in contract of
employment by running gym business – Employee terminated from
employment – Whether there was contravention with employment contract
– Whether there was condonation by employer – Whether dismissal with just
cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5), (6A) Employment contract – Constructive dismissal – Transfer – Employees
served with employer for substantial amount of years – Employees informed
by employer that another company ('company') would take over business
operations – Engagement with company for fixed term of two years and
employees would first be required to tender resignation from employer –
Company to have sole discretion whether to retain employees or not after
fixed term is over – Employees refused employment with company and
chose to remain with employer – Employer transferred employees to
faraway places – Whether transfer exercise tainted with mala fide and ulterior
motives – Whether manifested intention of employer not to be bound by
employment contract – Whether there was fundamental breach of
employment contract – Whether there was constructive dismissal Employment contract – Fixed term contract – Non-renewal – Claimant
joined company on fixed term basis and undergone three contractual
renewals – Fixed term contract not renewed – Whether contract entered into
genuine fixed term contract – Whether contract of employment disguised as
fixed term contract of employment – Whether claimant's employment
permanent – Whether there was legitimate expectation on claimant's part
that he would be offered and/or would remain in employment – Whether
there were indications and/or promises by company that it would continue
to keep claimant in employment Employment contract – Terms and condition – Variation – Restraints of
trade – Employer sought to vary employee's existing terms of employment
– Variation less favourable to employee vis-à-vis original terms of
employment – Employer unilaterally and arbitrarily inserted and added in
new terms of employment which were not contained in original terms –
Clauses on competition and non-solicitation – Employee reluctant to sign –
Employer unilaterally interpreted employee's non-signing as intention not to
continue employment – Employee terminated from employment – Whether
employee's non-signing of revised terms and conditions amounted to
intention to no longer be bound by his contract of employment – Whether
gave rights to employer to terminate employee – Contracts Act 1950, s. 28 EVIDENCE Documentary evidence – Payslips – Director of company claimed to be
dismissed from employment without any explanation proffered – Whether
director employee of company – Whether there were deductions of statutory
contributions – Whether documentary evidence pointed towards director
being employee of company LABOUR LAW Employment – Dismissal – Constructive dismissal – Transfer – Employees
served with employer for substantial amount of years – Employees informed
by employer that another company ('company') would take over business
operations – Engagement with company for fixed term of two years and
employees would first be required to tender resignation from employer –
Company to have sole discretion whether to retain employees or not after
fixed term is over – Employees refused employment with company and
chose to remain with employer – Employer transferred employees to
faraway places – Whether transfer exercise reasonable – Whether managerial
prerogative – Whether tainted with mala fide and ulterior motives – Whether
an attempt to drive employees out of employment without paying
termination and lay-off benefits – Whether there was constructive dismissal Employment – Dismissal – Misconduct – Domestic inquiry – Employee
faced three charges of misconduct and dismissed from employment –
Whether there was domestic inquiry – Whether employer afforded employee
any opportunity to rebut allegations – Industrial Relations Act 1967,
ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Engaging in business activities
that conflict with employment contract – Employee engaged in another
business during employment with employer – Whether employer had any
prior knowledge or had given consent – Whether misconduct proven –
Whether employee dismissed with just cause or excuse – Industrial Relations
Act 1967, ss. 20(3) & 30(5)
Yap Cheng Hong v. Universal Corporate Services Sdn Bhd Employment – Dismissal – Insubordination – Employee terminated due to
insubordination – Allegations that employee disobedient and disregarded
comments and advice from superiors to improve performance – Whether
insubordination proven – Whether employee dismissed with just cause or
excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Jurisdiction – Employee dismissed from
employment due to null and invalid employment contracts – Whether
employment contracts valid and enforceable – Whether dismissal with just
cause and excuse – Whether claimant 'workman' – Whether court seized
with jurisdiction to determine claimant's case – Industrial Relations Act
1967, ss. 2, 20(1), (3), 30(5) Employment – Dismissal – Misconduct – Misuse of company's property –
Using employer's computer, without consent and authorisation of employer,
for non-work related matters – Storing of inappropriate and explicit image
– Whether there was merit to contention of invasion of privacy – Whether
misconduct proven – Whether employee dismissed with just cause or excuse
– Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Unethical conduct – Attempt to
obtain unauthorised bonuses – Accounts Executive/employee issued for
herself four-month bonus instead of three-month bonus instructed by
employer – Employee dismissed from employment – Whether there was
clear instruction from employer that bonus to be issued was for three months
– Whether misconduct proven – Whether there was gross negligence or
outright recklessness – Whether employee dismissed with just cause or
excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Poor performance – Employee terminated due
to poor performance – Employer gave choice to all staff to accept higher key
performance index ('KPI') or end employment voluntarily – Employee
chose to accept higher KPI but failed to perform or underperformed based
on revised KPI – Whether poor performance established – Whether
employee dismissed with just cause or excuse – Industrial Relations Act
1967, ss. 20(3) & 30(5) Employment – Dismissal – Restructuring plan – Employee terminated
without prior discussion or formal meeting – Employer cited restructuring
plan as reason for employee's termination – Whether employer had
demonstrated how restructuring exercise was done and how many employees
were affected by exercise – Whether there was distribution of work to
remaining employees – Whether employer had shown it was really in need
of cutting down employees to overcome financial strain – Whether employee
dismissed with just cause or excuse – Industrial Relations Act 1967, ss. 20(3)
& 30(5) Employment – Dismissal – Termination simpliciter – Director of company
claimed to be dismissed from employment without any explanation proffered
– Whether director employee of company – Whether director had right to
make representation to Industrial Court – Whether termination simpliciter –
Whether director dismissed with just cause or excuse – Industrial Relations
Act 1967, s. 20(1) Employment – Employment contract – Non-renewal – Claimant joined
company on fixed term basis and undergone three contractual renewals –
Third fixed term contract not renewed – Whether contract entered into
genuine fixed term contract – Whether contract of employment disguised as
fixed term contract of employment – Whether claimant's employment
permanent – Whether there was dismissal – Industrial Relations Act 1967,
ss. 20(3) & 30(5) Employment – Termination – Contravention of restraint clause in
employment contract – Employee served with employer as Principal –
Employee also ran gym business – Allegation that employee contravened
restraint clause in contract of employment by running gym business –
Employee terminated from employment – Whether employer had
knowledge of employee's business – Whether there was contravention with
employment contract – Whether there was condonation by employer –
Whether dismissal with just cause or excuse – Industrial Relations Act 1967,
ss. 20(3) & 30(5), (6A) Employment – Termination – Employer sought to vary employee's existing
terms of employment – Variation less favourable to employee vis-à-vis
original terms of employment – Employer unilaterally and arbitrarily
inserted and added in new terms of employment which were not contained in original terms – Clauses on competition and non-solicitation – Employee
reluctant to sign – Employer unilaterally interpreted employee's non-signing
as intention not to continue employment – Employee terminated from
employment – Whether employee's non-signing of revised terms and
conditions amounted to intention to no longer be bound by his contract of
employment – Whether gave rights to employer to terminate employee –
Whether employee dismissed with just cause or excuse – Industrial Relations
Act 1967, ss. 20(3) & 30(5) Employment – Termination – Insubordination – Employee served with
employer as Principal – Employer decided to wind down operations of
business – Employee advertised for new students intake – Employee
terminated from employment due to insubordination – Whether there were
discussions on exit plan – Whether employee updated on status of business
– Whether there was specific instruction from employer to employee not to
perform responsibilities in future – Whether there was insubordination when
employee advertised for new students intake – Whether allegation
afterthought – Whether dismissal with just cause or excuse – Industrial
Relations Act 1967, ss. 20(3) & 30(5), (6A) STATUTORY INTERPRETATION Definition – 'workman' – Industrial Relations Act 1967, s. 2 – Whether
claimant 'workman' – Whether there was dismissal – Whether dismissal
with just cause and excuse WORDS & PHRASES 'workman' – Industrial Relations Act 1967, s. 2 – Claim for unfair dismissal
– Whether claimant 'workman' under s. 2 INDEKS PERKARA MAHKAMAH Bidang kuasa – Mahkamah Majistret – Ketakpatuhan award Mahkamah
Perusahaan – Majistret menjatuhkan hukuman denda melebihi RM10,000 –
Sama ada Majistret bertindak melebihi bidang kuasa yang diperuntukkan –
Akta Mahkamah Rendah 1948, s. 87(1)(c) UNDANG-UNDANG BURUH Award – Ketakpatuhan – Majikan diarahkan oleh Mahkamah Perusahaan
untuk membayar faedah persaraan pada pekerja-pekerja dalam dua award
berasingan – Majikan gagal membayar dan gagal membayar penuh faedah
persaraan pada pekerja-pekerja – Majistret menjatuhkan hukuman denda dan
denda tambahan untuk masing-masing dua pertuduhan – Jumlah denda yang
dijatuhkan melebihi RM10,000 – Sama ada Majistret bertindak melebihi
bidang kuasa yang diperuntukkan bawah Akta Mahkamah Rendah 1948 –
Sama ada keseluruhan pendakwaan satu kesilapan dan tidak sah kerana tiada
izin Pendakwa Raya – Akta Perhubungan Perusahaan 1967, ss. 51E, 51F
& 56(3) Perkhidmatan – Penamatan – Pemberhentian kerja – Pihak menuntut
membuat tuntutan perubatan anak – Syarikat mendakwa salah laku pihak
menuntut dalam tuntutan perubatan tersebut – Sama ada syarikat bertindak
secara bona fide – Sama ada penamatan perkhidmatan pihak menuntut dibuat
secara adil – Sama ada tindakan majikan menamatkan perkhidmatan tidak
wajar serta tanpa sebab atau alasan munasabah – Akta Perhubungan
Perusahaan 1967, ss. 20(3) & 30(6A) UNDANG-UNDANG JENAYAH Pendakwaan – Pendakwa Raya – Alter ego – Pendakwaan terhadap majikan
atas ketakpatuhan award Mahkamah Perusahaan – Majikan gagal membayar
faedah persaraan pada pekerja-pekerja – Dakwaan bahawa keseluruhan
pendakwaan satu kesilapan dan tidak sah kerana tiada izin Pendakwa Raya
– Sama ada kehadiran Timbalan Pendakwa Raya mencukupi – Akta
Perhubungan Perusahaan 1967, s. 51E |
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