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LATEST CASES (ILR Issue 4 of 2026) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial Review – Certiorari – Challenge against assessment of compensation
– Application to quash part of Industrial Court award – Compensation in lieu
of reinstatement and backwages – Industrial Court excluded various
allowances, gratuity, and retirement benefits from computation of
compensation – Whether decision irrational or tainted by errors of law –
Whether application appeal disguised as judicial review – Industrial
Relations Act 1967, s. 30(6A), Second Schedule CONTRACT Employment contract – Terms – Breach – Salary – Unilateral and arbitrary
deduction of 50% of employee's monthly salary – Whether there was
provision in employee's employment contract allowing for such deduction
– Whether deduction constituted breach of fundamental term – Whether
there was constructive dismissal JURISDICTION Courts – Civil courts – Dismissal of claim for invalidity benefits by Medical
Board – Appeal to Social Security Appellate Board ('SOCSO Appellate
Board') dismissed – Whether should have appealed to Appellate Medical
Board – Whether civil court's jurisdiction to deal with dispute decided by
the Medical Board or Appellate Medical Board expressly excluded by
s. 84(5) of the ESSA – Whether beyond expertise and jurisdiction of SOCSO
Appellate Board to review findings of Medical Board – Whether decision of
Medical Board conclusive and binding – Employees' Social Security Act
1969, ss. 34 & 91(2) LABOUR LAW Employment – Dismissal – Constructive dismissal – Forced resignation –
Cumulative conduct of employer in carrying out performance improvement
plan ('PIP') – Sudden imposition of PIP with impossible timelines –
Additional tasks assigned during PIP period – Whether PIP implemented in
good faith – Whether employee accorded sufficient opportunity to improve
– Whether PIP designed to assist employee or to facilitate termination –
Whether resignation voluntary or forced – Whether dismissal without just
cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Constructive dismissal – Salary – Deduction –
Unilateral and arbitrary deduction of 50% of employee's monthly salary –
Whether there was provision in employment contract allowing for such
deduction – Whether deduction constituted breach of fundamental term –
Whether there was sufficient notice to remedy breach – Whether employee
acted precipitately in resigning – Whether constructive dismissal established
– Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Employee dismissed from employment due to
poor performance – Employee secured post-dismissal employment five
months after termination – Industrial Court awarded 24 months' backwages
– Two-step process in awarding backwages – Whether Industrial Court failed
to account for post-dismissal earnings – Whether deduction of percentage of
post-dismissal earnings mandatory – Industrial Relations Act 1967,
s. 30(6A), Second Schedule, paras. 1 & 3
Edelsteen Sdn Bhd v. Sharifah Itasha Jamalullai Syed Nushadil Employment – Dismissal – Misconduct – Deliberate concealment of actual
baggage weight – Employee dismissed for failing to charge for excess baggage
– Whether act caused financial loss to company – Whether act compromised
aircraft safety – Whether misconduct sufficiently serious to warrant
immediate dismissal – Whether long service and unblemished record
mitigating factor – Whether rules of natural justice complied with – Whether
dismissal proportionate to misconduct – Industrial Relations Act 1967 Employment – Dismissal – Misconduct – Drug-related misconduct –
Employee tested positive for amphetamine and methamphetamine –
Contractual right of employer to conduct random testing – Whether
employee gave informed consent via signature on consent and declaration
form – Whether employee's contention that medications caused positive
result substantiated – Whether dismissal proportionate to gravity of
misconduct – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Physical force – Employee/
claimant dismissed for allegedly causing injury to another employee during
intervention of workplace dispute – Whether injury directly caused by
claimant – Whether claimant's actions deliberate or motivated by duty to
defuse situation – Whether charges proven – Whether dismissal with just
cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Probationer – Performance – Probationer
terminated for alleged mismanagement and unsatisfactory performance –
Absence of structured performance appraisal during second extension of
probation – Whether termination arbitrary – Whether court can consider
reasons not stated in the termination letter but subsequently raised in
pleadings – Industrial Relations Act 1967, s. 20(3) Employment – Performance – Poor performance – Performance
improvement plan ('PIP') – Criteria for valid PIP – Employer's duty to
provide genuine assistance – Impossible timelines and additional burdens –
Whether PIP used as tool to manage out employee – Whether dismissal
justified
Muhammad Azhar Mohamad Rose v. Themed Attractions Resorts
& Hotel Sdn Bhd Employment – Resignation – Forced resignation – Elements of – Whether
burden to establish forced resignation on employee – Whether there was
coercion and force – Whether claimant put in position where there was no
other option but to resign or be sacked – Whether there was voluntary
resignation Employment – Resignation – Forced resignation – Falsifying superior's
signature on invoices – Whether proved to be office practise – Whether
serious misconduct – Whether claimant voluntarily resigned out of fear from
misconduct – Whether there was failure to judicially appreciate evidence Industrial Court – Award – Judicial review – Challenge against assessment
of compensation – Application to quash part of Industrial Court award –
Industrial Court excluded various allowances, gratuity, and retirement
benefits from computation of compensation – Whether 'wages' for purposes
of backwages and compensation in lieu of reinstatement included
discretionary or duty-based allowances – Whether allowances were
contractual entitlements – Whether employee entitled to gratuity and
retirement benefits upon constructive dismissal Social security – Invalidity benefits – Dismissal of claim for invalidity
benefits by Medical Board – Appeal to Social Security Appellate Board ('SOCSO Appellate Board') dismissed – Whether satisfied pre-requisites of
appeal under Employees' Social Security Act 1969 ('ESSA') – Whether
should have appealed to Appellate Medical Board – Whether civil court's
jurisdiction to deal with dispute decided by the Medical Board or Appellate
Medical Board expressly excluded by s. 84(5) of ESSA – Whether beyond
expertise and jurisdiction of SOCSO Appellate Board to review findings of
Medical Board – Whether decision of Medical Board conclusive and binding
– Employees' Social Security Act 1969, ss. 34 & 91(2) INDEKS PERKARA UNDANG-UNDANG BURUH Pekerjaan – Pemecatan – Salah laku – Pekerja menghidap penyakit 'sleep
apnea' dan mengalami 'micro-sleep' – Pekerja dipecat atas dakwaan sering
tertidur waktu bekerja, tiada keupayaan melaksanakan tugasan, ingkar
arahan, menyalahgunakan harta syarikat dan meninggalkan tempat kerja
tanpa kebenaran – Sama ada pertuduhan dibuktikan oleh majikan – Sama ada
pemecatan dibuat dengan sebab atau alasan yang adil – Akta Perhubungan
Perusahaan 1967, s. 20(3) |
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