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LATEST CASES (ILR Issue 6 of 2025) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Challenge against decision of Industrial Court and
High Court – Employer gave employee mutual separation agreement
('MSA') – Whether employee had voluntarily signed MSA – Industrial
Court held that claimant voluntarily signed MSA and there was no dismissal
– Employee's application for judicial review at High Court dismissed –
Whether decision of Industrial Court irrational – Whether decision of High
Court ought to be set aside Judicial review – Application for – Challenge against decision of Industrial
Court – Employee suffered from medical condition and prolonged illness –
Prolonged absenteeism – Employee found guilty of persistently taking
excessive medical, hospitalisation, prolonged illness and/or other leaves
with intention not to come to work and indicating unwillingness to perform
contractual duties and obligations – Whether ingredients of charge proven –
Whether employee dismissed with just cause or excuse CIVIL PROCEDURE Pleadings – Cause of action – Employee faced allegations of bullying,
threatening and being abusive towards colleagues – Employer considered
formal investigation into allegations – Employee resigned before
investigation was carried out – Employee claimed that he was forced to
resign and there was constructive dismissal – Whether cause of action
premised upon claim of forced resignation or constructive dismissal CONSTITUTIONAL LAW Fundamental liberties – Right to livelihood – Right to be engaged in lawful
and gainful employment – Right of employees to participate in political
campaigns and activities – Employer Government-linked company –
Employee campaigned during election – Employee dismissed from
employment – Whether there was contravention of any laws or company
policies – Whether there was implied or express prohibition against
involvement in election – Federal Constitution, art. 5(1) CONTRACT Employment contract – Breach – Constructive dismissal – Demotion –
Probationer received transfer order transferring him to another location –
Transfer order demoted probationer to lower rank – Whether there was
constructive dismissal – Whether there was fundamental breach of
probationer's employment contract EVIDENCE Adverse inference – Failure to call material witnesses – Allegations of sexual
harassment – Employee dismissed from employment – Employer failed to
call relevant witnesses to testify during trial – Whether adverse inference
ought to be invoked against employer for non-production of material
witnesses – Evidence Act 1950, s. 114(g) LABOUR LAW Employment – Dismissal – Constructive dismissal – Demotion –
Probationer received transfer order transferring him to another location –
Transfer order demoted probationer to lower rank – Whether there was
constructive dismissal – Whether there was fundamental breach of
probationer's employment contract – Whether terms which had been
breached went to foundation of employment contract – Whether
probationer, by reasons of breach, had left employment and not for some
other reason – Whether probationer left at appropriate time soon after breach
– Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Acts of violence – Rioting and
assault – Breach of workplace discipline – Employee assaulted and
threatened migrant worker – Incident occurred outside working hours –
Employee dismissed from employment – Whether misconduct proven –
Whether domestic inquiry defective – Whether dismissal necessary and
proportionate response – Whether employee dismissed with just cause or
excuse – Duty of employer to protect employees and maintain industrial
harmony – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Inciting other employees against
management, defaming employers to employees and insubordination –
Whether allegations of misconduct proven – Whether there was investigation or domestic inquiry – Whether employee afforded right to be heard and right
to fair trial – Whether termination with just cause and excuse – Industrial
Relations Act 1967, ss. 30(5) & (6A) Employment – Dismissal – Misconduct – Involvement in political election
– Employer Government-linked company – Employee campaigned during
election – Employee dismissed from employment – Whether there was
contravention of any laws or company policies – Whether there was implied
or express prohibition against involvement in election – Whether dismissal
with just cause or excuse – Industrial Relations Act 1967, ss. 20(3), 30(1)A
& 30(6A) Employment – Dismissal – Misconduct – Punishment – Proportionality –
Claimant absent from work after 12pm on working days habitually –
Claimant dismissed from employment – Whether dismissal with just cause
or excuse – Whether punishment too severe – Whether punishment
proportionate to alleged misconduct – Industrial Relations Act 1967,
ss. 20(3), 29(d), 30(5), & (5A) Employment – Dismissal – Prolonged absenteeism – Employee suffered
from medical condition and prolonged illness – Employee found guilty of
persistently taking excessive medical, hospitalisation, prolonged illness and/
or other leaves with intention not to come to work and indicating
unwillingness to perform contractual duties and obligations – Whether
ingredients of charge proven – Whether employee dismissed with just cause
or excuse Employment – Dismissal – Unlawful dismissal – Employer gave employee
mutual separation agreement ('MSA') – Circumstances surrounding handing
of MSA to employee – Whether employee had voluntarily signed MSA –
Whether there was unlawful dismissal – Whether Industrial Court had
jurisdiction to hear claim – Industrial Relations Act 1967 Employment – Dismissal – Unlawful dismissal – Misconduct – Allegations
of sexual harassment – Employee dismissed from employment – Whether
charges provided precise details – Whether there were discrepancies –
Whether employer adduced relevant evidence and witnesses to support allegations of sexual harassment – Whether charges against employee proven
– Whether alleged victim's interaction with alleged perpetrator reflective of
victim of sexual harassment – Whether dismissal lawful – Whether dismissal
with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5), (6A) Employment – Resignation – Forced resignation – Workplace harassment –
Employee faced allegations of bullying, threatening and being abusive
towards colleagues – Employer considered formal investigation into
allegations – Employee resigned before investigation was carried out –
Employee later claimed that he was constructively dismissed and forced to
resign – Whether there was constructive dismissal – Whether employee
forced to resign – Whether there was dismissal – Industrial Relations Act
1967, s. 20(3) Employment – Termination – Misconduct – Allegations that employee
having negative terms of communication, uncooperative, having poor
tolerance and not being optimistic – Complaints by employee's subordinates
– Employee terminated from employment – Whether complaints
communicated to employee – Whether employee received any warning from
employer before dismissal – Whether termination with just cause and excuse
– Industrial Relations Act 1950, ss. 20(3) & 30(5) INDEKS PERKARA UNDANG-UNDANG BURUH Perkhidmatan – Penamatan – Pemberhentian kerja – Majikan menamatkan
perkhidmatan pihak menuntut kerana tidak mematuhi arahan memo – 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(5) |
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