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CASE HIGHLIGHTS |
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MOHD IZWAN MOHD PUAD v. WAHABA REALTY SDN BHD Abstract – An employer’s conduct that is inconsistent with a decision to terminate – such as issuing future work instructions or planning business trips with the employee shortly before dismissal – negates the contention that the employee’s performance is genuinely unsatisfactory. If an employer treats an employee as a continuing part of the organisation, it cannot subsequently argue that the employee’s performance was so ‘wanting’ as to justify immediate termination days later. KAILASH GANESHAN v. TNT COSULTANCY SDN BHD Abstract – (i) The relationship between a school and its students is one of inherent trust. A school has a zero-tolerance policy toward physical aggression, as parents entrust the institution to safeguard their children’s well-being. Any act of physical force or verbal abuse by a teacher against a student constitutes a fundamental breach of this trust and the duty of care, rendering the dismissal justified; (ii) Intimate or extra-educational messaging between a male teacher and an underage female student, absent any emergency, indicates a modus operandi of sexual grooming. Such conduct poses a direct threat to student safety and warrants immediate dismissal. |
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LATEST CASES (ILR Issue 3 of 2026) |
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JUDICIAL QUOTES |
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"The claimant, in para. 11 of her statement of case, alleged that the director of the company had responded to her second leave application with an “OK” hand symbol (“👍”), which she construed as an approval. The claimant further alleged in para. 13 that on 21 February 2024, the company “abruptly and unilaterally revoked” the leave she claimed had already been approved. This court agrees with learned counsel of the company that, the “👍” symbol in the WhatsApp conversation cannot reasonably be construed as leave approval. At most, it indicates that the director had acknowledged receipt of the leave application. It does not constitute a formal written approval as required under the company’s policy."- Per Ahmad Razif Mohd Sidek in Izzah Maisarah Martin Abdullah v. Wellnesspreneur Group Sdn Bhd [2026] 1 ILR 587 |
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