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LATEST CASES (ILR Issue 2 of 2026) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Challenge against decision of Industrial Court –
Certiorari and mandamus – Trade dispute regarding terms of 13th collective
agreement ('CA') – Terms regarding salary increments, performance-linked
wage systems and bonuses – Subsequent conclusion of 14th and 15th CAs
incorporated disputed matters – Effect of subsequent agreements on pending
judicial review – Whether relief should be granted where dispute overtaken
by subsequent events – Whether application rendered academic and devoid
of practical utility – Rules of Court 2012, O. 53 r. 2(3) CONTRACT Agreement – Settlement agreement – Dispute between employer and
employee – Validity – Contemporaneous execution of settlement agreement
and memorandum of agreement – Terms of settlement agreement provided
for employee's waiver of 'all claims' against employer in exchange for
payment of substantial sums to employee – Whether documents formed
single transaction – Whether separate consideration required for each
document – Whether settlement agreements void for want of consideration
– Whether settlement sum supported entire transaction Agreement – Settlement agreement – Dispute between employer and
employee – Validity – Contemporaneous execution of settlement agreement
and memorandum of agreement – Terms of settlement agreements provided
for employee's waiver of 'all claims' against employer in exchange for
payment of substantial sums to employee – Employee commenced civil and
criminal proceedings against employer after receiving sums promised under
settlement agreement – Whether there was breach of agreements – Whether
agreements void – Whether there was consideration – Whether there was
undue influence and economic duress – Whether agreements tainted with
fraud and illegality and against public policy – Contracts Act 1950, ss. 16(2)
& 24 Agreement – Terms – Claimant engaged by company under agreement –
Remuneration based on sessional fees and profit-sharing – Absence of
statutory contributions – Whether claimant employee or independent contractor – Whether features of contract indicative of commercial
arrangement – Whether parties entered into contract of service or contract
for services Employment contract – Terms and conditions – Breach of – Constructive
dismissal – Systematic pattern of intimidation, vulgar language, and public
humiliation – Coercion of employee to handwrite multiple apology letters –
Employer demanded employee use personal savings to pay company's client
– Failure to provide safe and respectful working environment – Employer's
actions affected employee's mental health – Employee resigned and cited
constructive dismissal – Whether there was constructive dismissal –
Whether cumulative effect of conduct justified resignation COURTS Industrial Court – Transfer – Application for transfer of case – Case
registered in Kuala Lumpur – Application to transfer case to Miri, Sarawak
– Forum conveniens – Whether Miri appropriate forum – Whether
allegations of financial hardship proven – Whether transfer would offer
procedural or legal advantage EVIDENCE Admissibility – Hearsay – Claimant accused of disclosing salary slip to
another employee and instigating him to resign – Claimant dismissed from
employment – Maker of whistleblowing reports not called to testify –
Whether contents of reports had evidential value – Whether authenticity
verified – Whether hearsay evidence Admissibility – Weight of evidence – Secret recordings – Claimant accused
of disclosing salary slip to another employee and instigating him to resign –
Claimant surreptitiously recorded meetings for 'protection' – Transcripts
prepared by third party – Dispute as to accuracy and completeness –
Whether secret recordings had probative value – Whether evidence ought to
be given weight LABOUR LAW Domestic inquiry – Procedural fairness and natural justice – Claimant
Lecturer at university – Claimant found guilty of misconducts of threatening
and using abusive language directed at students, discussing political matters during teaching sessions and shouting at students – Claimant dismissed from
employment – Whether claimant accorded procedural fairness and natural
justice during domestic inquiry Employment – Dismissal – Constructive dismissal – Claimant engaged by
company under agreement – Remuneration based on sessional fees and
profit-sharing – Absence of statutory contributions – Whether claimant
employee or independent contractor – Whether features of contract
indicative of commercial arrangement – Whether there was control by
company – Whether there was constructive dismissal – Industrial Relations
Act 1967, s. 2 Employment – Dismissal – Constructive dismissal – Employee re-assigned
from Sales Consultant to Site Supervisor – Lack of technical training and
engineering background – Whether duties outside original contractual scope
– Whether assignment amounted to fundamental variation of employment
contract – Whether employer evinced intention no longer to be bound by
contract – Whether there was constructive dismissal – Industrial Relations
Act 1967 Employment – Dismissal – Misconduct – Allegations of gross misconduct
– Threatening behavior and insulting remarks – Employee dismissed from
employment via termination letter – Dismissal without issuance of showcause
letter or warning – Whether communications amounted to threats –
Whether there was evidence adduced to support allegations by employer –
Whether absence of recorded evidence fatal to employer's case – Whether
dismissal was retaliatory act by employer – Whether dismissal with just
cause or excuse – Industrial Relations Act 1967, 20(3) & 30(5) Employment – Dismissal – Misconduct – Alleged breach of confidentiality
– Claimant accused of disclosing salary slip to another employee and
instigating him to resign – Claimant dismissed from employment – Whether
misconduct established – Whether dismissal with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Claimant Lecturer at university
– Claimant found guilty of misconducts of threatening and using abusive
language directed at students, discussing political matters during teaching
sessions and shouting at students – Claimant dismissed from employment –
Whether charges against claimant proven – Whether dismissal with just
cause or excuse – Industrial Relations Act 1967, s. 20(3)
Mohd Raffi Mohamed v. Universiti Teknikal Mara Sdn Bhd Employment – Dismissal – Misconduct – Habitual lateness, unauthorised
absence from workplace and extended breaks – Employee continued to
commit misconduct despite disciplinary warnings by employer – Employee
dismissed from employment – Whether there was sustained pattern of wilful
non-compliance – Whether punishment of dismissal proportionate to gravity
of misconduct – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Salary – Unilateral reduction of monthly salary – Reduction
of 30% imposed without consent or due process – Absence of performance
improvement plan (PIP) or objective targets – Whether 'salary adjustment'
punitive and mala fide – Whether fundamental breach of contract Industrial Court – Trade dispute – Trade dispute regarding terms of 13th
collective agreement ('CA') – Terms regarding salary increments,
performance-linked wage systems and bonuses – Subsequent conclusion of
14th and 15th CAs incorporated disputed matters – Effect of subsequent
agreements on pending judicial review LEGAL PROFESSION Advocates and solicitors – Locus – Industrial Court – Appearance of West
Malaysian counsel in Sarawak – Application for transfer of case – Case
registered in Kuala Lumpur – Application to transfer case to Miri, Sarawak
– Whether West Malaysian counsel barred from appearing in Sarawak –
Legal Profession Act 1976, s. 38(1)(i) – Industrial Court Rules 1967, r. 3(1)
– Advocates Ordinance (Sarawak), s. 8 INDEKS PERKARA UNDANG-UNDANG BURUH Kontrak perkhidmatan – Kontrak jangka tetap – Kontrak perkhidmatan
menetapkan tempoh perkhidmatan pekerja dan pekerja harus membayar
ganti rugi jika syarat tidak dipatuhi – Peletakan jawatan pekerja sebelum
tamat tempoh perkhidmatan minimum – Tuntutan ganti rugi oleh majikan –
Sama ada wujud pelepasan terma kontrak Pemecatan konstruktif – Pelanggaran terma kontrak – Kelewatan
pembayaran komisen – Sama ada satu pelanggaran asas – Perbezaan antara
'gaji' dan 'komisen' bawah Akta Kerja 1955 – Sama ada terdapat pemecatan
konstruktif – Sama ada pekerja berhak menamatkan kontrak UNDANG-UNDANG KONTRAK Kontrak perkhidmatan – Terma – Pelanggaran – Kontrak jangka tetap –
Kontrak perkhidmatan menetapkan tempoh perkhidmatan pekerja dan
pekerja harus membayar ganti rugi jika syarat tidak dipatuhi – Peletakan
jawatan pekerja sebelum tamat tempoh perkhidmatan minimum – Majikan
menerima notis peletakan jawatan dan bersetuju memendekkan tempoh notis
– Tuntutan ganti rugi oleh majikan – Sama ada wujud pelepasan terma
kontrak |
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