CHONG CHEE MENG v. MULTI PIPELINE SERVICES SDN BHD
INDUSTRIAL COURT, PERAK
ZULHELMY HASAN
AWARD NO. 888 OF 2025 [CASE NO: 10-4-446-23]
10 JUNE 2025
Abstract – The dismissal of an employee is without just cause or excuse and constitutes a breach of natural justice if the employer: (i) fails to adduce any cogent and credible evidence, whether documentary or testimonial, to prove the alleged misconducts on a balance of probabilities; (ii) fails to conduct a proper investigation or domestic inquiry into the alleged misconducts, thereby denying the employee the right to be heard or a right to a fair trial prior to dismissal; and (iii) makes allegations of misconduct that are unsubstantiated, unfounded, or fabricated, indicating an ulterior motive for the termination.
MOHD NASRI RABU v. HIDAYAH MEDIC SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PRAVIN KAUR JESSY
AWARD NO. 922 OF 2025 [CASE NO: 20-4-1287-22]
12 JUNE 2025
Abstract – An employer’s unilateral action of demoting a probationer to an inferior position and issuing an unreasonable transfer order without legitimate justifications, coupled with a lack of proper process or explanation, constitutes a fundamental breach of contract and an evinces intention not to be bound by the employment terms, entitling the probationer to claim constructive dismissal.
