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LATEST CASES (ILR Issue 6 of 2026) |
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SUBJECT INDEX CONTRACT Breach of confidence – Confidential information – Customer ecosystem and
relational capital – Facebook group acting as concentrated body of niche
consumers with demonstrated purchasing behaviour – Whether accumulated
customer-related and business-related data in social media group constituted
protectable confidential information – Test for establishing commercial
value and legal protection Employment contract – Breach – Constructive dismissal – Employee
subjected to workplace aggression and intimidation by superior – Employer
treated grievance as performance issue and work miscommunication –
Failure of employer to conduct focused investigation into superior's conduct
– Whether breach of obligation to provide safe and respectful working
environment – Whether there was breach of implied term of mutual trust and
confidence – Whether there was constructive dismissal Employment contract – Breach – Constructive dismissal – Issuance of
warning letter for late notification of absence – Employee diagnosed with
acute depression and medically certified unfit for work – Medical certificates
delivered to employer prior to issuance of warning letter – Conversion of
certified medical leave into unpaid leave – Whether employer's actions
punitive, oppressive and retaliatory – Whether there was breach of
employment contract – Whether there was constructive dismissal Employment contract – Terms and conditions – Express policies – Islamic
banking institution – Obligation to adhere strictly to Shariah guidelines and
governance policies – Breach – Senior officer allowing non-compliant
activities – Senior officer dismissed from employment – Whether senior
status imposed higher duty of care and accountability – Whether punishment
of dismissal commensurate with gravity of misconduct DAMAGES Remedies – Assessment – Assessment of gravity of employee's actions –
Proof of sufficient causal nexus between employee's secret competition and
commercial harm – Whether employer entitled to account of secret profits
made during employment and unauthorised profits made via post-resignation
misuse of business platform INTELLECTUAL PROPERTY Digital business assets – Ownership of social media platforms – Facebook
group created and managed by employee using personal login – Whether
digital assets created in course of employment belong beneficially and
commercially to employer LABOUR LAW Dismissal – Constructive dismissal – Remedies – Compensation –
Calculation for compensation in lieu of reinstatement and backwages –
Employee unlawfully retrenched, reinstated via settlement agreement and
subsequently constructively dismissed – Whether earlier dismissal broke
continuity of service – Whether duration of employment calculated
continuously from original date of commencement of employment –
Industrial Relations Act 1967 Domestic Inquiry – Procedural fairness – Failure to issue show-cause letter
or conduct internal investigation – Whether breach of principles of natural
justice and fundamental rights – Whether dismissal valid Employment – Dismissal – Constructive dismissal – Employee subjected to
workplace aggression and intimidation by superior – Employer treated
grievance as performance issue and work miscommunication – Failure of
employer to conduct focused investigation into superior's conduct – Whether
employer passive bystander to workplace hostility – Whether breach of
obligation to provide safe and respectful working environment – Whether
there was breach of implied term of mutual trust and confidence – Whether
there was constructive dismissal – Industrial Relations Act 1967 Employment – Dismissal – Constructive dismissal – Reinstatement –
Employee reinstated pursuant to settlement agreement – Employer
unilaterally altered employee's established job scope and core duties upon
return – Failure to pay agreed salary arrears within stipulated timeline –
Whether settlement agreement superseded original contract of employment
– Whether contractual relationship governed concurrently by original letters
of appointment and confirmation – Whether employer's conduct evinced
intention no longer to be bound by essential terms of contract – Whether
amounted to repudiatory breach justifying constructive dismissal – Industrial
Relations Act 1967 Employment – Dismissal – Employee suffered from work-related stress and
hospitalised in psychiatric ward – Employee on continuous medical leave
issued by Government hospital – Dismissal executed while employee on
valid medical leave – Proper recourse where employer doubts health status
of employee – Whether employee ought to be referred to medical board or
panel doctor – Whether prolonged sick leave automatically justified
summary termination – Whether there was frustration of contract Employment – Dismissal – Misconduct – Non-compliance with Islamic
bank policies and failure to uphold Shariah governance standards –
Employee senior officer in Islamic bank – Misconducts of consuming
alcoholic beverages during company-sponsored event, billing personal spa
treatment to bank, charging personal expenses of family members to vendor
and failing to prevent subordinates from drinking alcohol – Employee
dismissed from employment – Whether dismissal proportionate to
misconducts committed – Whether dismissal with just cause or excuse –
Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Termination of fixed term contract prior to
expiry – Allegations of poor customer service, public complaints via negative
online reviews, attendance discrepancies and insubordination – Employee
suffered from work-related stress and hospitalised in psychiatric ward –
Dismissal executed while employee on valid medical leave – Whether
allegations proven by employer – Whether dismissal carried out with just
cause and excuse – Industrial Relations Act 1967 Employment – Implied duties of loyalty and fidelity – Breach of duty –
Fiduciary obligations – Active competition during employment – Employee
setting up rival business and selling competing products while still employed
– Leveraging employer's business ecosystem, market, and customer base –
Recruiting and drawing employer's brand ambassadors into rival orbit –
Distinction between permissible future planning and unlawful operative
steps to compete during subsistence of employment – Employee removing
employer's personnel as administrators, blocking access, and renaming
corporate social media group upon resignation – Whether conduct
constituted neutral departure or calculated act of nefarious seizure – Whether
there was misuse and commercial exploitation of employer's business
platform to promote competing products post-employment – Whether
breach of duties established Employment – Remuneration – Salary deduction – Unilateral and
retrospective conversion of approved annual leave during company closure
into unpaid leave – Whether remuneration fundamental term going to root
of employment contract – Whether employer entitled to retrospectively alter
approved paid leave entitlements Employment – Retrenchment – Redundancy – Financial distress – COVID-
19 pandemic – Selection criteria – Departure from 'last in, first out' (LIFO)
principle and application of best fit rule in retrenchment exercise – Whether
financial distress established – Whether financial difficulties of parent
company automatically attributable to subsidiary – Whether distinct legal
entities – Whether contemporaneous financial reports produced to establish
financial distress – Whether selection criteria reasonable and just – Whether
alternative measures genuinely sought and conscientiously considered in
good faith – Whether retrenchment carried out bona fide Retrenchment – Redundancy – Principle of last-in, first-out ('LIFO')
principle – Senior employee terminated on grounds of redundancy and
financial stability – Whether there was failure to adhere to LIFO principles
– Whether retrenchment exercise bona fide INDEKS PERKARA PERBANKAN Bank dan perniagaan bank – Pembiayaan peribadi – Kelulusan dan
pengeluaran pembiayaan – Salah laku dan kecuaian serius pegawai kanan –
Pengesahan dokumen sokongan pemohon – Kegagalan mengesan dokumen
palsu dan mematuhi pekeliling dalaman – Kewujudan tanda amaran –
Standard fidusiari pegawai bank – Sama ada liabiliti boleh dialihkan pada
pegawai bawahan UNDANG-UNDANG BURUH Pekerjaan – Pemecatan – Salah laku – Pegawai kanan koperasi bank
ditamatkan perkhidmatan akibat kecuaian serius – Kelulusan dan
pengeluaran permohonan pembiayaan peribadi melibatkan dokumen palsu –
Kegagalan memastikan pematuhan ketat terhadap pekeliling dalaman – Sama
ada kegagalan sekadar kecuaian prosedur tanpa niat jahat atau keuntungan
peribadi – Sama ada pemecatan dilakukan atas sebab dan alasan adil |
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