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LATEST CASES (ILR Issue 8 of 2025) |
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SUBJECT INDEX CONTRACT Employment contract – Breach – Constructive dismissal – Allegations that
employer breached employment contract – Employee allegedly not given
any rest day and his working schedules were always full and tight –
Employee claimed to have been prohibited from seeking medical treatment
– Employer said to fail to pay minimum wages, overtime and statutory
contributions – Whether allegations made proven – Whether there was
constructive dismissal – Whether there was fundamental breach which went
to root of contract – Whether employer had evinced any intention of no
longer to be bound by employment contract Employment contract – Fixed-term contract – Termination – Claimant
entered into fixed-term contract with company – Alleged unsatisfactory
performance – Company issued final warning and claimant had complied –
Contract terminated before expiry – Whether dismissal tainted with mala fide
– Whether termination of contract premature LABOUR LAW Employment – Dismissal – Claimant entered into fixed-term contract with
company – Alleged unsatisfactory performance – Company issued final
warning and claimant had complied – Contract terminated before expiry –
Company used same, resolved issues to justify termination – Whether
claimant’s performance targets still attainable at time of termination –
Whether there was double punishment – Whether dismissal tainted with mala fide – Whether termination of contract premature – Whether claimant
dismissed with just cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Constructive dismissal – Allegations that
employer breached employment contract – Employee allegedly not given
any rest day and his working schedules were always full and tight –
Employee claimed to have been prohibited from seeking medical treatment
– Employer said to fail to pay minimum wages, overtime and statutory
contributions – Whether allegations proven – Whether there was
constructive dismissal – Whether there was fundamental breach which went
to root of contract – Whether employer had evinced any intention of no
longer to be bound by employment contract – Industrial Relations Act 1967,
ss. 20(3) & 30(5) – Employment Act 1955 Employment – Dismissal – Forced resignation – Forced resignation on
grounds of poor performance – Employee alleged to be poor performer –
Employee placed under performance improvement plan – Employer found
that employee failed PIP – Employee given options to either resign or be
dismissed – Whether there was forced resignation – Whether employee
voluntarily resigned – Whether there was genuine consent – Whether there
was threat of dismissal – Whether dismissal with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Breach of duty – Employee tasked
with duty and responsibility to, inter alia, carry out inspection/spot check at
duty checkpoint on validity of security passes and car stickers – Employee
failed to perform duty, causing breach of security – Employee’s services
terminated – Whether employee’s defence acceptable – Whether punishment
proportionate to misconduct – Whether warranted dismissal – Whether
dismissal with just cause and excuse – Industrial Relations Act 1967,
ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Employee approved overredemption
of shares – Employee dismissed from employment for failure to
perform duties as fund manager by failing to spot error – Whether employee
given reasonable deadline to complete task – Whether employee gave
approval to proceed with transaction without due checking and ensuring that
information involved was correct/accurate – Whether employee had
performed same standard of duty for purposes of checking and verifying –
Whether such standard of duty accepted by employer – Whether there was
misconduct – Whether employee dismissed with just cause or excuse –
Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Insubordination, aggressive
behavior, threatening actions towards management and disregard for direct
instructions – Employee dismissed from employment – Whether charges
proven – Whether punishment of dismissal warranted – Whether dismissal
with just or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Retrenchment – Redundancy – Employee
retrenched from employment – Services terminated with immediate effect –
Whether employee given notice prior to retrenchment exercise – Whether
such notice required – Whether principle of last-in-first-out (LIFO)
applicable – Whether salary reduction viable option – Whether
retrenchment premised on genuine or actual redundancy – Whether exercise
undertaken bona fide – Whether mere pretext to effect dismissal under guise
of redundancy – Whether retrenchment carried out fairly and in accordance
with established principles of industrial jurisprudence – Industrial Relations
Act 1967, ss. 20(3) & 30(5) – Employment Act 1955 INDEKS PERKARA UNDANG-UNDANG BURUH Perkhidmatan – Penamatan – Salah laku – Konflik kepentingan – Tugas
fidusiari pekerja – Melakukan pekerjaan sampingan tanpa kebenaran majikan
– Menggunakan masa bekerja dan sumber majikan untuk pekerjaan lain –
Pihak menuntut bekerja dengan bank dan pada masa sama bekerja sebagai
ejen hartanah – Pihak menuntut didapati bersalah atas salah laku dan
ditamatkan perkhidmatan – Sama ada satu pelanggaran serius yang
mewajarkan penamatan perkhidmatan – Sama ada pertuduhan-pertuduhan
berjaya dibuktikan – Sama ada penamatan perkhidmatan dengan sebab dan
alasan adil – Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5) |
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