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LATEST CASES (ILR Issue 6 of 2026) |
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SUBJECT INDEX CONTRACT Employment contract – Breach – Constructive dismissal – Forced
resignation – Transfer and salary reduction – Human Resource Manager
transferred to Business Development Executive and basic salary unilaterally
reduced – Whether transfer within managerial prerogative – Whether
unilateral reduction of salary constituted fundamental breach going to root
of employment contract COURTS Industrial Court – Jurisdiction – Extra-territorial jurisdiction – Foreign
employee employed by foreign entity and seconded to Malaysian company
– Employment contract governed by laws of Bermuda and subject to
exclusive jurisdiction of Bermuda Courts – Salary paid by foreign entity in
foreign currency – No separate employment contract executed with local
company – Termination of employment by foreign entity – Whether
Industrial Court seized with jurisdiction to adjudicate dismissal by foreign
entity not named as party to claim – Whether secondment created local
employment relationship – Whether local company real employer LABOUR LAW Employment – Dismissal – Constructive dismissal – Forced resignation –
Transfer and salary reduction – Human Resource Manager transferred to
Business Development Executive and basic salary unilaterally reduced –
Whether transfer within managerial prerogative – Whether unilateral
reduction of salary constituted fundamental breach going to root of
employment contract – Whether employee gave employer sufficient notice
and opportunity to remedy breach – Whether employee delayed in treating
herself as constructively dismissed – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Defence – Employee asserted he lacked
computer literacy, was deficient in English, and merely carried out data
manipulation on explicit operational directives of immediate superiors –
Failure to produce corroborative evidence or witness to support contentions
– System and forms operated at factory fully in English – Whether defence
sustainable – Whether employee duty-bound to obey dubious and plainly
unlawful directives Employment – Dismissal – Employee escalated unresolved workplace
harassment grievance to international headquarters – Immediate issuance of
show cause letter and subsequent summary dismissal by local management
– Whether disciplinary action manoeuvre for damage control – Whether
there were malice and retaliation – Whether dismissal with just cause or
excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Misconduct – Misrepresentation – Material
non-disclosure and misrepresentation during job interview – Employee failed
to disclose active disciplinary complaint and highly strained relationship
with former employer – Express representations made during interview that
parties were on good terms – Honesty and loyalty core values of employer
– Employee dismissed from employment – Whether non-disclosure
deliberate act to secure employment – Whether dismissal with just cause and
excuse – Industrial Relations Act 1967 Employment – Dismissal – Misconduct – Negligence – Careless attitude in
discharging duties – Failure to exercise proper supervision, identify staffing
shortages and reallocate manpower effectively – Declining work
performance causing damage to company's business relationships and
reputation – Whether negligence in duty constitutes serious misconduct –
Whether warranting summary dismissal Employment – Dismissal – Misconduct – Stealing or taking company
property without permission – Whether charge vague and ambiguous –
Whether conflation of distinct offences prejudiced employee – Whether
dishonest intention proved – Industrial Relations Act 1967, s. 30(5) Employment – Dismissal – Misconduct – Systemic manipulation of
computerised inventory records – Entry of 'phantom stock' and unauthorised
negative recounts to artificially deflated apparent shrinkage to meet key
performance indicators (KPI) – Breach of corporate code of conduct and
cybersecurity protocols via sharing of login credentials – Employee
dismissed from employment – Whether misconduct proven on balance of
probabilities – Whether dismissal with just cause or excuse Employment – Dismissal – Poor performance – Allegations of persistent
poor performance and minor operational errors – Employee dismissed from
employment – Whether minor lapses sufficient to justify summary dismissal
– Whether employee placed on performance improvement plan (PIP) –
Whether there was failure by employer to set clear improvement goals and
monitor progress – Whether poor performance established – Whether
dismissal with just cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Probationer – Performance – Failure to meet
key deliverables, operational targets and performance expectations – Poor
performance resulting in customer escalations, severe quality deficiencies
and cancellation of orders from loyal clients – Excessive use of sick leave
during probationary period – High-ranking employee receiving high salary
– Whether higher standard of performance and accountability expected –
Whether termination bona fide exercise – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Retrenchment – Redundancy arising from
corporate reorganisation and relocation – Allegations of actual structural
integration and surplus labour – Failure to adduce documentary evidence of
rationalisation plan or objective selection criteria – Whether there was bona fide exercise of managerial prerogative – Whether there was compliance with
last in first out (LIFO) principle – Whether cost-cutting measures taken prior
to termination of employees – Whether retrenchment measure of last resort
– Whether severance compensation adequate – Whether dismissal with just
cause or excuse – Industrial Relations Act 1967 Employment – Environment of workplace – Employee subjected to
bullying, intimidation and severe harassment by team leader – Failure of
employer to investigate or resolve internal grievances – Employer shielded
perpetrator and nitpicked employee – Whether employer breached implied
duty of mutual trust and confidence Industrial Court – Dismissal – Employee dismissed from employment due
to misconduct of stealing or taking company property without permission –
Whether Industrial Court applied correct standard of proof – Whether
reference to elements in Penal Code constituted misdirection – Whether
High Court substituted own assessment of facts for that of Industrial Court
– Whether High Court erred in interfering with findings of fact by Industrial Court Industrial Court – Jurisdiction – Foreign employee employed by foreign
entity and seconded to Malaysian company – Employment contract
governed by laws of Bermuda and subject to exclusive jurisdiction of
Bermuda Courts – Salary paid by foreign entity in foreign currency – No
separate employment contract executed with local company – Termination
of employment by foreign entity – Whether Industrial Court seized with
jurisdiction to adjudicate dismissal by foreign entity not named as party to
claim – Whether secondment created local employment relationship –
Whether local company real employer |
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