NORMALA CHE SEMAN v. THE HOTEL (LANGKAWI) SDN BHD
INDUSTRIAL COURT, PENANG
RUSITA MD LAZIM
AWARD NO. 540 OF 2026 [CASE NO: 9-4-465-24]
6 APRIL 2026
Abstract – (i) Where a superior employee uses physical force to usher a subordinate out of a high-tension environment to defuse a workplace dispute, such actions may be deemed reasonable if they are motivated by a desire to prevent further escalation rather than a deliberate intent to cause harm. (ii) A charge of causing physical injury cannot be sustained on a balance of probabilities if there is a significant, unexplained delay between the incident and the seeking of medical treatment, particularly where the alleged victim continues to perform strenuous manual labour in the interim.
SHIAMAREENA KALIMUTHU v. LIMKOKWING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ESWARY MAREE
AWARD NO. 593 OF 2026 [CASE NO: 14-4-1289-23]
17 APRIL 2026
Abstract – While a probationary employee may be terminated if the employer genuinely finds the employee unsuitable for the position, however, the law is equally clear that a probationer is entitled to the same protection against arbitrary termination as a confirmed employee. The employer must therefore demonstrate that the assessment of unsuitability was conducted fairly and bona fide.
