WAN NORIZAN AHMAD v. AUTOV MANDO SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
SELVA RANI THIYAGARAJAN
AWARD NO. 825 OF 2026 [CASE NO: 2(19)(13)-4-144-22]
22 MAY 2026
Abstract – To demonstrate that a retrenchment exercise is bona fide, the employer must prove that termination was treated as an absolute last resort after exhausting less drastic cost-cutting measures and that the selection process was governed by objective, documented criteria, including compliance with the ‘last-in first-out’ (LIFO) principle for long-serving permanent staff, failing which the redundancies will be deemed arbitrary and the dismissals held to be without just cause or excuse.
LOGANATHAN RAJENDRA v. CARSEM (M) SDN BHD
INDUSTRIAL COURT, PENANG
RUSITA MD LAZIM
AWARD NO. 855 OF 2026 [CASE NO: 9-4-1119-24]
26 MAY 2026
Abstract – An employee hired into a senior, high-salaried executive role is held to a higher standard of performance and accountability. The court will look at the nature of the position and its impact on the business when assessing whether a termination is justified. A high-ranking executive’s consistent failure to meet key operational deliverables, combined with a careless attitude and negligence that directly damages the company’s reputation and business relationships with core clients, constitutes serious misconduct and a valid, bona fide ground for dismissal.
