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LATEST CASES (ILR Issue 9 of 2026) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Certiorari – Application to quash Industrial Court award –
Employment originally with Singapore entity before novation to Malaysian
subsidiary – Multiple extensions of contract without break – Representations
made of permanent employment within corporate group – Termination on
grounds of expiry of fixed term – Industrial Court found contract to be
genuine fixed-term contract – Whether finding of fact irrational or based on
irrelevant considerations – Whether there was failure to consider evidence
of imminent transfer to another group entity – Rules of Court 2012,
O. 53 r. 3(6) Judicial review – Challenge against decision of Industrial Court – Employer
restructured and downsized due to financial challenges – Claimant’s position
abolished and declared surplus – Claimant retrenched from employment –
Claimant commenced claim for unfair dismissal at Industrial Court – Claim
dismissed by Industrial Court – Whether decision of Industrial Court tainted
with irrationality COMPANY LAW Directors – Fiduciary duties – Managing Director – Scope of authority –
Approval of working capital strictly confined to company’s designated scope
of works – Unilateral extension of advances and issuance of contingent
financial liabilities to third parties – Failure to obtain express Board
authorisation – Exposure of company to grave legal, financial, and
reputational risks – Whether breach of fiduciary duty and trust established LABOUR LAW Domestic inquiry – Procedure – Lack of show cause letter or domestic
inquiry prior to dismissal – Whether fatal to employer’s case – Whether
failure to hold domestic inquiry procedural irregularity curable by full
hearing before Industrial Court – Whether employer proved misconduct on
balance of probabilities Employment – Contract of service – Fixed-term contract – Employment
originally with Singapore entity before novation to Malaysian subsidiary –
Multiple extensions of contract without break – Representations made of
permanent employment within corporate group – Termination on grounds of
expiry of fixed term – Whether claimant permanent employee – Whether on
genuine fixed-term contract – Whether contract dressed up as fixed-term –
Whether dismissal without just cause or excuse – Industrial Relations Act
1967, s. 20(3) Employment – Demotion – Employee CEO of company – New CEO
appointed – Employee gave impression would voluntarily leave current
position upon hearing reasons by employer – Employee offered new position
as coordinator – Employee refused new position – Remuneration remained
same except for CEO allowance – Whether constituted demotion Employment – Dismissal – Misconduct – Employee persistently disobeyed
management instructions – Employee performed duties outside job scope by
making unauthorised edits in internal system – Employee spread rumours,
causing operational disruption – Employee left premises during working
hours upon confrontation – Whether cumulative misconduct destroyed
mutual trust and confidence between employer and employee – Whether
dismissal with just cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Poor performance – Performance improvement
plan (‘PIP’) – Employee placed under three-month PIP due to unsatisfactory
work performance and low appraisal ratings – Initial PIP extended to allow
further opportunity to demonstrate progress in offshore environment –
Employee failed to achieve key deliverables despite continuous supervisory
guidance, structured reviews, and extension of PIP – Employee displayed
lackadaisical attitude and failed to object to performance ratings or PIP
placement contemporaneously – Whether employer satisfied three-tier test
stipulated in Ireka Construction Bhd v. Chantiravathan Subramaniam James –
Whether poor performance established – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Probation – Termination after probationary
period – Probationer subjected to three months’ probationary period –
Probationer performed poorly during probationary period – Employer
terminated probationer’s employment upon completion of probationary
period – Whether rigid test to be applied to termination of probationer –
Whether probationer given full benefit of probationary period – Whether
employer had just cause or excuse – Industrial Relations Act 1967, s. 20
Tan Wu Huei v. Smart Touch Technology Sdn Bhd Employment – Dismissal – Retrenchment – Redundancy – Employer
restructured and downsized due to financial challenges – Claimant’s position
abolished and declared surplus – Claimant retrenched from employment –
Whether exercise of management prerogative undertaken in good faith –
Whether employer required to show duties became non-existent – Industrial
Relations Act 1967, s. 20(3) Employment – Dismissal – Retrenchment – Selection for retrenchment –
Employer restructured and downsized due to financial challenges –
Claimant’s position abolished and declared surplus – Claimant retrenched
from employment – Whether employer failed to comply with last-in,
first-out (‘LIFO’) principle – Whether LIFO principle applicable
Kanna Dasan Narayanasamy v. MRCB George Kent Sdn Bhd & Anor Employment – Dismissal – Termination of employee – Employee CEO of
company – Meeting with Board of Directors convened to appoint new CEO
– Employee offered new position as Coordinator – Employee refused new
position – Employee did not report to work – Show cause letter issued –
Employee had not signed acceptance letter for new position – Second show
cause letter issued due to prolonged absence – Whether failure to respond
constituted to voluntary resignation – Whether employee’s actions
constituted voluntary resignation Employment – Dismissal – Termination of employee – Employee CEO of
company – Meeting with Board of Directors convened to appoint new CEO
– Employee offered new position as Coordinator – Employee refused new
position – Employer terminated employee’s CEO position – Whether with
just cause or excuse – Industrial Relations Act 1967, s. 20 Employment – Dismissal – Unfair dismissal – Managing Director dismissed
for gross misconduct – Managing Director approved advance payments to
consortium partner without prior Board approval or enabling provision
under agreement – Diversion of Board-approved working capital to partner’s
separate obligations – Managing Director exceeded financial threshold under
limits of authority – Issued unauthorised letters of indemnity and financial
commitments to third parties – Unauthorised use of company letterhead –
Whether Managing Director acted in excess of authority – Whether
misconduct established – Whether summary dismissal proportionate and
with just cause or excuse – Industrial Relations Act 1967, s. 20(3) Employment – Dismissal – Unfair dismissal – Probationer – Allegations of
misconduct – Show cause letter issued simultaneously with notice of
domestic inquiry – Failure to await employee’s written explanation –
Whether showed improper haste and pre-judgment – Whether domestic
inquiry conducted with procedural impropriety – Whether misconducts
proven – Whether dismissal without just cause or excuse – Industrial
Relations Act 1967, s. 20(3) Employment – Termination of employee – Fait accompli decision –
Employee did not object decision by employee – Whether absence of
evidence showing disagreement over employer’s decision amounted to fait accompli decision Remedies – Backwages – Probationer – Assessment – Contributory
misconduct – Derogatory remarks made against co-worker – Deduction of
20% applied to awarded backwages – Industrial Relations Act 1967, s. 30(5) |
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