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LATEST CASES (ILR Issue 7 of 2025) |
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SUBJECT INDEX CIVIL PROCEDURE Appeal – Appellate intervention – Appeal against award granted by
Industrial Court – Employee dismissed due to sexual misconduct –
Employee alleged to have sent WhatsApp messages deemed as sexual
harassment to his subordinate employees – Whether Industrial Court erred
in arriving at decision – Whether conduct committed by employee amounted
to sexual harassment – Whether failure to call subordinate employees to
testify in court caused evidence presented to be hearsay – Whether dismissal
with just cause and excuse CONTRACT Employment contract – Breach – Constructive dismissal – Transfer –
Employee unilaterally transferred from one department to another
department – No prior discussion between employer and employee –
Employee not equipped with experience and skills required for transfer to
new position – Employee not given any job description nor briefed on new
position – Whether there was constructive dismissal – Whether there was
fundamental breach of employment contract by employer Employment contract – Post-retirement fixed term employment contract –
Non-renewal – Company's managerial prerogative to renew employment
contract – Claimant and company entered into fixed term employment
contract – Contract not renewed by company – Whether expired due to
effluxion of time – Whether non-renewal tainted with mala fide – Whether
there was understanding between parties that employment contract would be
renewed automatically Intention – Contract for service – Claimant entered into consultancy service
agreement with hospital – Fixed-term contract – Contract not renewed –
Intention of parties – Whether contract entered into intended for claimant to
be employee of hospital – Whether there was master-service relationship and
agreement – Whether contract entered into employment contract or contract
for service – Whether claimant employee or independent contractor Terms – Ambiguity – Company policy – Contra proferentum – Employee
underwent surgery and went on medical leave and prolonged illness leave –
Allegations that employee failed to update health status and deceived
employer into believing that he was still under prolonged illness leave –
Employee dismissed from employment – Whether employer had company
policy that imposed duty on employee to update on status of health condition
upon being declared medically fit to resume normal duties – Whether such
obligation communicated to employee – Whether there was ambiguity in
policy – Whether contra proferentum rule applied COURTS Industrial Court – Jurisdiction – Employee dismissed from employment –
Employee claimed at Industrial Court against employer – Whether employer
Government agency – Whether Industrial Court seized with jurisdiction to
hear and determine case – Whether case ought to be struck out – Industrial
Relations Act 1967, ss. 29(fa), 29(g) & 52(1) EVIDENCE Admissibility of evidence – Hearsay – Deceased dismissed from employment
due to poor performance – Claim by deceased's widow at Industrial Court
– Deceased's widow did not have personal knowledge of events that led to
deceased's dismissal from employment – Deceased's widow only 'informed'
by deceased – Whether deceased's widow's testimony hearsay evidence –
Whether admissible Statements – Statements made by any person in ordinary course of business
– Deceased dismissed from employment due to poor performance – Claim
by deceased's widow at Industrial Court – Whether there was evidence that
deceased discussed office matters in detail with his widow – Whether mere
communications between husband and wife – Whether statements made
during course of business – Evidence Act 1950, s. 32(1)(b) Witness – Witness statement – Unsworn statement – Deponent of witness
statement had passed away – Deceased dismissed from employment due to
poor performance – Claim by deceased's widow at Industrial Court –
Whether unsigned witness statement of deceased could be admitted into
court as evidence-in-chief LABOUR LAW Contract for service – Non-renewal – Claimant entered into consultancy
service agreement with hospital – Fixed-term contract – Contract not
renewed – Whether there was dismissal – Whether claimant employee of
hospital – Whether there was master-service relationship and agreement –
Whether contract entered into employment contract or contract of service –
Whether claimant 'workman' as envisaged by s. 2 of Industrial Relations Act
1967 – Whether claimant dismissed with just cause or excuse Dismissal – Misconduct – Employee dismissed due to sexual misconduct –
Employee alleged to have sent WhatsApp messages deemed as sexual
harassment to his subordinate employees – Whether conduct committed by
employee amounted to sexual harassment – Whether dismissal with just
cause and excuse Employment – Dismissal – Constructive dismissal – Transfer – Employee
unilaterally transferred from one department to another department – No
prior discussion between employer and employee – Employee not equipped
with experience and skills required for new position – Employee not given
any job description nor briefed on new position – Whether there was
constructive dismissal – Whether there was fundamental breach of
employment contract by employer – Whether breach sufficiently important
to justify employee's claim of constructive dismissal – Whether employee
left employment in response to breach and not for any other unconnected
reasons – Whether there was undue delay on part of employee in leaving
employment – Whether employee dismissed with just cause or excuse –
Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Leave – Employee underwent
surgery and went on medical leave and prolonged illness leave – Allegations
that employee failed to update health status and deceived employer into
believing that he was still under prolonged illness leave – Employee
dismissed from employment – Whether there was duty on part of employee
to update employer on status of health condition upon being declared
medically fit to resume normal duties – Whether such obligation
communicated to employee – Whether such obligation contained in
employer's company policy – Whether employee dismissed with just cause
or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Workplace safety – Breach of
peace of working environment – Employee threatened physical safety of
other employees – Employee pointed sharp objects to colleagues twice in
same day – Employee dismissed from employment – Whether misconduct
proven – Whether employer acted reasonably in dismissing employee –
Whether employee dismissed with just cause or excuse - Whether dismissal
proportionate - Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Mutual separation agreement ('MSA') –
Employee alleged that she was summarily dismissed but employer made
false claims that her employment was ended by mutual separation scheme –
Whether claimant signed MSA voluntarily – Whether there was dismissal by
reason of MSA – Whether dismissal with just cause or excuse – Industrial
Relations Act 1967, s. 20(3) Employment – Dismissal – Poor performance – Claim by next-of-kin –
Whether there was poor work performance – Three-tier test in Ireka
Construction Berhad v. Chantiravathan Subramaniam James – Whether
employee had been warned about alleged poor performance – Whether
employee accorded sufficient opportunity to improve on performance –
Whether employee failed to sufficiently improve on performance despite
opportunity given by employer – Whether dismissal with just cause or
excuse – Industrial Relations Act 1967, ss. 20(3) & 29(ea) Employment – Dismissal – Poor performance – Employee dismissed from
employment due to poor performance – Whether employee given sufficient
notice – Whether given opportunity to improve – Whether dismissal done
with just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Striking out – Employee dismissed from
employment – Employee claimed at Industrial Court against employer –
Whether employer Government agency – Whether Industrial Court seized
with jurisdiction to hear and determine case – Whether case ought to be
struck out – Industrial Relations Act 1967, ss. 29(fa), 29(g) & 52(1)
Hamidah Ibrahim v. Perbadanan Nasional Berhad Employment – Employer – Duty of care – Workplace safety – Breach of
peace of working environment – Employee threatened physical safety of
other employees – Employee pointed sharp objects to colleagues twice in
same day – Employer's duty of care to ensure security and safety of
employees and maintain peaceful working environment Employment – Post-retirement fixed term employment contract – Nonrenewal
of employment contract – Company's managerial prerogative to
renew employment contract – Claimant and company entered into fixed term
employment contract – Contract not renewed by company – Whether
expired due to effluxion of time – Whether non-renewal tainted with mala
fide – Whether there was dismissal |
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