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LATEST CASES (ILR Issue 1 of 2026) |
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SUBJECT INDEX COMPANY LAW Separate legal entity – Lifting of corporate veil – Parent and subsidiary
companies – Employee retrenched following boardroom tussle involving her
husband (director) and other shareholders – Parent company issued
termination letter to employee of subsidiary company – Whether companies
functioned as single economic entity – Whether companies intertwined –
Whether suitable for court to lift corporate veil of companies CONSTITUTIONAL LAW Fundamental liberties – Right to livelihood – Contract of service allegedly
invalid due to lack of Board of Directors' approval – Contract of service
terminated – Right to be engaged in lawful and gainful employment –
Whether there was breach of right – Federal Constitution, art. 5 CONTRACT Employment contract – Breach – Constructive dismissal – Employee
resigned eight days after reinstatement – Allegations of CCTV repositioning,
denial of access to banking tokens and email, and restrictions on work
functions – Whether employer committed fundamental breach going to root
of employment contract Employment contract – Breach – Wages – Allowance – Allowance of
employees unilaterally reduced and rescinded by employer – Whether
allowance formed part of wages – Whether there was unilateral reduction of
wages by employer – Whether change to terms of agreement mutually agreed
by parties – Whether reduction of wages constituted fundamental and
repudiatory breach of contract of employment Employment contract – Contract of service – Fixed-term contract –
Termination – Contract of service allegedly invalid due to lack of Board of
Directors' approval – Contract of service terminated – Whether genuine or
permanent contract disguised as fixed-term contract – Whether there was
requirement for employee to re-apply for renewal – Whether contract valid – Whether elements of contract fulfilled – Whether contract validly
terminated by effluxion of time – Whether termination premature, unilateral
and mala fide – Contracts Act 1950, s. 10(1) COURTS Industrial Court – Dismissal – Claim by employee against employer –
Whether employer instrumentality or agency of Government – Whether
Industrial Court seized with requisite threshold jurisdiction to entertain,
inquire into or adjudicate upon claim – Whether claim ought to be struck out
– Industrial Relations Act 1967, ss. 29(fa), 29(g) & 52(1) INTELLECTUAL PROPERTY Copyright – Infringement – Former employee set up competing business –
Use of former employer's confidential information and tools – Unauthorised
reproduction of designs – Whether there was sufficient objective similarity
– Whether there was causal connection – Whether there was infringement of
copyright Trademark – Invalidation – Former employee set up competing business –
Use of former employer's confidential information and tools – Whether there
was similarity between marks used by companies – Use of descriptive words
– Whether there was likelihood of confusion LABOUR LAW Dismissal – Constructive dismissal – Employee resigned eight days after
reinstatement – Allegations of CCTV repositioning, denial of access to
banking tokens and email, and restrictions on work functions – Managerial
prerogative – Right of employer to organise and re-organise business
structure – Whether employer committed fundamental breach going to root
of contract – Whether placement of CCTV for security purposes breach of
privacy – Whether there was insubordination – Whether claimant had
genuine intent to serve company – Industrial Relations Act 1967 Employment – Breach – Breaches of contract of employment and duties of
fidelity and confidentiality – Former employee set up competing business –
Use of former employer's confidential information and tools –
Confidentiality and non-disclosure obligations contained in employment
contract and non-disclosure agreement – Elements of each alleged breach –
Whether breaches established Employment – Dismissal – Misconduct – Employee accepted substantial
benefits from employer's contractor – Fundamental breach of integrity,
loyalty and trust and employer's zero-tolerance policy on bribery and
corruption – Employee dismissed from employment – Whether charges
proven – Whether employee dismissed with just cause or excuse – Industrial
Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Probationer – Senior position – Misconduct –
Abuse of power, conflict of interest, tardiness, absence without leave and
usage of vulgar/inappropriate language – Employer decided not to confirm
employment of probationer – Whether company justified in not confirming
probationer – Whether misconduct proven on balance of probabilities –
Whether misconduct constituted serious misconduct – Industrial Relations
Act 1967, s. 20(3) Employment – Dismissal – Redundancy – Retrenchment – Employee
retrenched following boardroom tussle involving her husband (director) and
other shareholders – Whether redundancy sham to mask victimisation and
unfair labour practices – Whether spousal relationship valid ground for
garden leave or termination – Whether dismissal with just cause or excuse
– Industrial Relations Act 1967 Employment – Dismissal – Termination guised as non-renewal of fixed-term
contract – Employee employed for specific project – Whether contract had
expired – Whether project completed – Whether termination premature –
Whether employer entitled to terminate employee before occurrence of
specified event – Whether fixed-term employee entitled to same protection
as permanent employee – Whether dismissal without just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Unfair dismissal – Termination of fixed-term
service contract – Contract of service allegedly invalid due to lack of Board
of Directors' approval – Whether irregularity provided just cause or excuse
for dismissal – Whether termination premature, unilateral and mala fide –
Industrial Relations Act 1967, ss. 20(3) & 30(5)
Mohd Fitri Ibrahim v. Yayasan Islam Pulau Pinang Industrial Court – Jurisdiction – Dismissal – Claim by employee against
employer – Whether employer instrumentality or agency of Government –
Whether Industrial Court seized with requisite threshold jurisdiction to
entertain, inquire into or adjudicate upon claim – Industrial Relations Act
1967 Wages – Allowance – Reduction – Appeal against decision of Labour
Department – Allowance of employees unilaterally reduced and rescinded
by employer – Whether allowance formed part of wages – Whether
deduction made in accordance with Employment Act 1955 – Whether
allowance could be rescinded – Whether employees agreed to deduction of
allowance TORT Passing off – Claim – Former employee setting up competing business – Use
of former employer's confidential information and tools – Whether there was
passing off – Whether goodwill and reputation established Unlawful interference with trade – Claim – Former employee set up
competing business – Use of former employer's confidential information and
tools – Whether liability arose from breaches of contract and intellectual
property infringement – Whether unlawful interference with trade
established WORDS & PHRASES 'laknat' – Meaning of – Curse word in Malay language – Claimant used curse
word and inappropriate language targeted at superior in WhatsApp group
with staff – Whether usage of inappropriate language towards superior
constituted serious misconduct – Whether amounted to act of incitement
towards hatred and insubordination INDEKS PERKARA UNDANG-UNDANG BURUH Perkhidmatan – Penamatan – Penamatan tidak adil – Guru lelaki memasuki
bilik darjah sewaktu murid perempuan menukar pakaian – Guru lelaki dan
murid perempuan mempunyai hubungan bapa dan anak – Tujuan masuk
untuk menyapu krim ubat pada anak – Guru didapati melanggar polisi
majikan dan ditamatkan perkhidmatan – Sama ada tindakan adalah salah laku
yang mewajarkan pemecatan – Sama ada terdapat elemen niat jahat – Sama
ada syarikat gagal mengambil kira penjelasan dalam jawapan surat tunjuk
sebab – Sama ada penamatan dibuat atas sebab dan alasan yang adil – Akta
Perhubungan Perusahaan 1967, ss. 20(3) & 30(5) |
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