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LATEST CASES (ILR Issue 3 of 2026) |
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SUBJECT INDEX CIVIL PROCEDURE Liability – Joint and severally – Unremitted employee retirement fund
contributions in violation of statutory obligations – Action against football
association and its office bearers – Whether football association an employer
as defined under s. 2 of Employees Provident Fund Act 1991 ('EPF Act') –
Whether football association liable to pay EPF contribution arrears as
stipulated under s. 45 of EPF Act – Whether office bearers jointly and
severally liable with football association for outstanding contributions,
dividends and late payment charges under s. 46 of EPF Act – Whether
liability attached by virtue of holding office during period of default –
Payment of revised claim – Whether assessment precise, accurate and
detailed CONTRACT Employment contract – Agency – Terms and conditions – Clause restricting
right of spouse of agent of insurance company from taking employment with
another insurance company or takaful operator – Restriction on third parties'
rights of employment indirectly imposed through contracting party –
Whether clause fell foul of s. 28 of Contracts Act 1950 Employment contract – Breach – Abandonment of service – Allegation of
verbal dismissal – Claimant told to leave premises immediately and hand
over company property – Claimant failed to report for work – Whether there
was intention not to be bound by contract – Whether claimant breached
contract by failing to return to work Employment contract – Contract of service – Repudiation – Abandonment
of employment – Employee absent from work for more than two consecutive
days without prior leave or permission – Employee dismissed from
employment – Whether employee's conduct amounted to repudiation of
employment contract EVIDENCE Burden of proof – Fact of dismissal – Claimant told to leave premises
immediately and hand over company property – Claimant remained on
premises until usual clock-out time – Whether subsequent conduct of staying
on premises after alleged dismissal indicated afterthought – Failure to
produce handover notes for company's property – Evidence Act 1950,
ss. 8(2) & 101(1) LABOUR LAW Employment – Dismissal – Allegation of verbal dismissal – Claimant told
to leave premises immediately and handover company property – Claimant
remained on premises until usual clock-out time – Whether conduct
consistent with dismissal – Whether there was dismissal – Industrial
Relations Act 1967 Employment – Dismissal – Misconduct – Abandonment of employment –
Employee absent from work for more than two consecutive days without
prior leave or permission of employer – Employee dismissed from
employment – Whether employee's conduct amounted to repudiation of
employment contract – Whether there was dismissal – Whether dismissal
with just cause or excuse – Employment Act 1955, ss. 13(2) & 15(2) –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Inappropriate relationship –
Sexual grooming of minor – Head of School engaging in intimate
communications with female student – Head of school dismissed from
employment – Whether charge proven – Whether dismissal with just cause
or excuse Employment – Dismissal – Misconduct – Physical force – Head of School
allegedly slapped student multiple times on cheek during handball
tournament – Whether mere act of telling student to 'wake up' – Whether
amounted to assault – Whether charge proven – Whether dismissal with just
cause or excuse Employment – Dismissal – Misconduct – Physical force and verbal abuse
– Head of school pulled student out of classroom, berating him with
profanities, and slapping him – Head of school dismissed from employment
– Whether charge proven – Whether dismissal with just cause or excuse
Kailash Ganeshan v. TNT Cosultancy Sdn Bhd Employment – Dismissal – Misconduct – Procurement of IT assets – Failure
to disclose absence of specified ports in newly procured laptops –
Concealment of deployment delays due to security patches – Misleading
management on deployment progress – Failure to maintain proper inventory
of IT assets – Attempt to hamper audit exercise – Employee found guilty of
misconducts and dismissed from employment – Seniority and accountability
– Whether charges proven – Whether misconducts warranted dismissal –
Whether dismissal with just cause and excuse – Industrial Relations Act
1967, s. 20(3) Employment – Dismissal – Misconduct – Sexual harassment – Allegations
of inappropriate physical contact and suggestive remarks perpetrated by male
employee against female employees – Male employee found guilty and
dismissed from employment – Whether domestic inquiry flawed – Whether
charges proven – Whether physical contact accidental and unintentional due
to spatial constraints – Whether employee dismissed with just cause or
excuse – Industrial Relations Act 1967 Employment – Dismissal – Probationer – Poor performance – Probationer
terminated before expiry of six-month probationary period – Allegations of
incompetence – Absence of written warnings, evaluations, or performance
improvement plan – Duty of employer to provide sufficient opportunity for
improvement during agreed probationary period – Whether employer
proved poor performance on a balance of probabilities – Whether premature
termination of probationer for reasons other than misconduct was just –
Whether verbal warnings alone are sufficient to substantiate a case for poor
performance – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Probationer – Poor performance – Termination
of probationer on grounds of failing to meet targets – Whether targets clearly
defined and communicated – Whether employer conducted monthly
evaluations as per employment contract – Whether employer provided warnings and opportunity to improve – Whether employer's allegations of
poor performance substantiated by documentary evidence – Whether
dismissal bona fide – Industrial Relations Act 1967, s. 20(3) Employment – Termination – Retrenchment – Redundancy – Employer
experiencing financial problems and executed redundancy exercise –
Whether terminated employees voluntarily accepted termination notice and
retrenchment compensation – Factors determining voluntariness –
Employment Act 1955, s. 7 PROVIDENT FUND Employees Provident Fund – Unremitted employee retirement fund
contributions in violation of statutory obligations – Liability – Action against
football association and its office bearers – Whether football association an
employer as defined under s. 2 of Employees Provident Fund Act 1991 ('EPF Act') – Whether football association liable to pay EPF contribution
arrears as stipulated under s. 45 of EPF Act – Whether office bearers jointly
and severally liable with football association for outstanding contributions,
dividends and late payment charges under s. 46 of EPF Act – Whether
liability attached by virtue of holding office during period of default –
Payment of revised claim – Whether assessment precise, accurate and
detailed |
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