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LATEST CASES (ILR Issue 12 of 2025) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Challenge against award of Industrial Court –
Award quashed by High Court – Claimant dismissed from employment –
Allegations that claimant directed issuance of document to employees, using
and quoting Chief Operating Officer without obtaining prior approval –
Document allegedly placed employees under duress and concerned
continuity of their employment – Whether allegations proven – Whether
claimant acted bona fide – Whether claimant’s action amounted to
misconduct – Whether punishment of dismissal proportionate – Whether
award of Industrial Court tainted with error of law – Whether High Court
correct in allowing judicial review and quashing award CONTRACT Employment contract – Duties and obligations post cessation of
employment – Breach – Breaches of employment contract, confidentiality,
fiduciary duties and fidelity – Wrongful conduct committed before and/or
at time of resignation from employment – Former employee resigned and
joined competitor – Former employee failed to return former employer’s
properties, damaged company’s property, deleted list of former employer’s
customers and/or relevant information/documents – Former employee
utilised information retained for advantage and benefit of competitor –
Whether allegations proven – Whether former employee breached express
and/or implied terms of employment contract – Whether former employee
owed fiduciary duty Employment contract – Fixed-term contract – Terms – Ambiguity – Contra
proferentum rule – Employee appointed as Chief Operating Officer for two
years – Allegations of promise/representation of ‘two plus two’ renewal and
Board of Directors’ decision to extend contract for another two years –
Whether contract spelled out period of employment – Whether contra
proferentum rule ought to apply against employer Employment contract – Fixed-term contract – Unlawful termination –
Doctrine of legitimate expectation – Employee appointed as Chief Operating
Officer for two years – Allegations of promise/representation of ‘two plus
two’ renewal and Board of Directors’ decision to extend contract for another two years – Whether contract terminated by employer or simply expired –
Whether employee had legitimate expectation of renewal – Whether there
was unlawful termination by employer Employment contract – Frustration – Prolonged absenteeism due to illness
– Employee on series of long medical leave and absent from work for total
of 373 days – Uncertainty as to when employee would be fit for work and
could resume duties – Employer decided to terminate employee’s
employment after 373 days of waiting – Whether there was frustration of
employment contract – Whether employer justified in terminating
employment contract COURTS Industrial Court – Jurisdiction – Claimant dismissed from employment on
grounds of misconduct – Claim by claimant against employer – Pervasive
governmental ownership, control, funding and public law functions of
employer – Whether employer instrumentality or agency of Government –
Whether closely connected with Governmental responsibilities – Whether
Industrial Court seized with requisite threshold jurisdiction to entertain,
inquire into or adjudicate upon claim – Whether claim ought to be struck for
want of jurisdiction of Industrial Court – Industrial Relations Act 1967,
ss. 20, 29 & 52(1) LABOUR LAW Employment – Dismissal – Misconduct – Improper acceptance of gift/
service in connection with duties – Allegations of receiving benefit from
subcontractor of employer without making payment – Subcontractor’s
claims handled by employee – Employee found guilty of misconduct and
dismissed from employment – Whether misconduct proven – Whether
employee’s dismissal with just cause or excuse – Industrial Relations Act
1967, ss. 20(3) & 30(5) Employment – Dismissal – Unlawful dismissal – Allegations of misconduct
and negligence – Employee summarily dismissed – Termination letter lacked
particulars and clarity – Failure to specify Code of Conduct or rules breached
– Whether employer confined to reasons stated in termination letter –
Whether allegations of misconduct subsequently raised at Industrial Court were afterthoughts – Whether employer proved case on balance of
probabilities – Whether employee dismissed with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Termination – Misconduct – Allegations that claimant
directed issuance of document to employees, using and quoting Chief
Operating Officer without obtaining prior approval – Claimant dismissed
from employment – Whether allegations proven – Whether claimant’s action
amounted to misconduct – Whether punishment of dismissal proportionate
to alleged misconduct Employment – Termination of employment contract – Frustration –
Prolonged absenteeism due to illness – Employee on series of long medical
leave and absent from work for total of 373 days – Uncertainty as to when
employee would be fit for work and could resume duties – Employer decided
to terminate employee’s employment after 373 days of waiting – Whether
dismissal done with just cause or excuse – Industrial Relations Act 1967,
s. 20(3)
Muhammad Rifa’i Sulaiman v. Pusat Perniagaan Matahari Sdn Bhd Employment – Wages – Claim for balance of wages due and owing –
Whether employees employed by other entities – Whether fit and proper
case for lifting of corporate veil – Whether Labour Office acted within spirit
and jurisprudential ambit of Employment Act 1955 Employment – Wages – Claim for balance of wages due and owing –
Whether employees had voluntarily signed consent letters agreeing to wage
reductions – Whether employer’s action in implementing wage reductions
lawful or justified – Whether employees entitled to outstanding balance of
basic wages – Whether part-time employment undertaken by employees
taken into account in determining quantum of final award – Employment Act
1955, ss. 24 & 69 Employment contract – Termination – Fixed-term contract – Employee
appointed as Chief Operating Officer for two years – Allegations of promise/
representation of ‘two plus two’ renewal and Board of Directors’ decision to were afterthoughts – Whether employer proved case on balance of
probabilities – Whether employee dismissed with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Termination – Misconduct – Allegations that claimant
directed issuance of document to employees, using and quoting Chief
Operating Officer without obtaining prior approval – Claimant dismissed
from employment – Whether allegations proven – Whether claimant’s action
amounted to misconduct – Whether punishment of dismissal proportionate
to alleged misconduct Employment – Termination of employment contract – Frustration –
Prolonged absenteeism due to illness – Employee on series of long medical
leave and absent from work for total of 373 days – Uncertainty as to when
employee would be fit for work and could resume duties – Employer decided
to terminate employee’s employment after 373 days of waiting – Whether
dismissal done with just cause or excuse – Industrial Relations Act 1967,
s. 20(3) Employment – Wages – Claim for balance of wages due and owing –
Whether employees employed by other entities – Whether fit and proper
case for lifting of corporate veil – Whether Labour Office acted within spirit
and jurisprudential ambit of Employment Act 1955 Employment – Wages – Claim for balance of wages due and owing –
Whether employees had voluntarily signed consent letters agreeing to wage
reductions – Whether employer’s action in implementing wage reductions
lawful or justified – Whether employees entitled to outstanding balance of
basic wages – Whether part-time employment undertaken by employees
taken into account in determining quantum of final award – Employment Act
1955, ss. 24 & 69 Employment contract – Termination – Fixed-term contract – Employee
appointed as Chief Operating Officer for two years – Allegations of promise/representation of ‘two plus two’ renewal and Board of Directors’ decision to extend contract for another two years – Whether contract terminated by
employer or simply expired – Whether employee had legitimate expectation
of renewal – Whether non-renewal of contract amounted to dismissal
without just cause or excuse – Industrial Relations Act 1967, ss. 20(3)
& 30(6A) Industrial Court – Jurisdiction – Claimant dismissed from employment on
grounds of misconduct – Claim by claimant against employer – Pervasive
governmental ownership, control, funding and public law functions of
employer – Whether employer instrumentality or agency of Government –
Whether closely connected with Governmental responsibilities – Whether
Industrial Court seized with requisite threshold jurisdiction to entertain,
inquire into or adjudicate upon claim – Industrial Relations Act 1967, ss. 20
& 52(1) TORT Unlawful interference – Damages – Claim for – Unlawful interference with
trade and/or business – Former employee resigned and joined competitor –
Former employee utilised customers’ contacts obtained during employment
with former employer, to her and competitor’s advantage after ceasing
employment – Whether act amounted to unlawful interference with former
employer’s business and trade WORDS & PHRASES ‘wages’ – Employment Act 1955 s. 2 – Definition – Whether meant for work
done in contract of service – Whether basic salary fixed component of
employees’ remuneration – Whether subject to deductions – Whether
employees entitled to outstanding balance of basic wages INDEKS PERKARA KONTRAK Kontrak pekerjaan – Pelanggaran – Terma-terma – Pertukaran/perpindahan
– Pekerja diarahkan ditukar ke syarikat luar kumpulan – Dakwaan pekerja
bahawa terdapat penurunan kedudukan, pengurangan skop kerja dan bidang kuasa yang berbeza – Sama ada terdapat variasi, modifikasi atau pindaan
pada kontrak pekerjaan – Sama ada disetujui oleh pekerja – Sama ada
terdapat pelanggaran kontrak pekerjaan Kontrak perkhidmatan – Kontrak perkhidmatan tempoh tetap – Kontrak
bertempoh tetap tulen – Sama ada pembaharuan kontrak berulang kali
mengubah sifat kontrak kepada pekerjaan tetap – Sama ada majikan berhak
untuk tidak memperbaharui kontrak pada akhir tempoh – Sama ada
penamatan kontrak bertempoh tetap secara semula jadi – Sama ada timbul isu
pembuangan kerja tanpa sebab atau alasan yang adil UNDANG-UNDANG BURUH Pekerjaan – Pemecatan – Pembuangan kerja secara tidak adil – Pemecatan
konstruktif – Pertukaran/perpindahan – Pekerja diarahkan ditukar ke
syarikat luar kumpulan – Dakwaan pekerja bahawa terdapat penurunan
kedudukan, pengurangan skop kerja dan bidang kuasa yang berbeza – Sama
ada pertukaran tercemar dengan niat jahat – Sama ada terdapat pemecatan
konstruktif – Sama ada pembuangan kerja pekerja dilaksanakan atas sebab
dan alasan munasabah – Akta Perhubungan Perusahaan 1967, ss. 20(3), 30(5)
& (6A) Pekerjaan – Penamatan – Kontrak perkhidmatan – Kontrak bertempoh tetap
tulen – Sama ada pembaharuan kontrak berulang kali mengubah sifat kontrak
kepada pekerjaan tetap – Sama ada majikan berhak untuk tidak
memperbaharui kontrak pada akhir tempoh – Sama ada penamatan kontrak
bertempoh tetap secara semula jadi – Sama ada timbul isu pembuangan kerja
tanpa sebab atau alasan yang adil – Akta Perhubungan Perusahaan 1967,
ss. 20(3) & 30(5) |
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