CASE HIGHTLIGHTS

SHAMUGAMNATHAN RAMASAMY v. VITAL UNIVERSAL CABLES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1187 OF 2017 [CASE NO: 19/4-81/17]
28 AUGUST 2017

INDUSTRIAL COURT: Jurisdiction - Whether the Industrial Court had the jurisdiction over a matter involving an employee who had surpassed the age of retirement - Factors to consider - Effect of - Where the Industrial Court derives its jurisdiction from - Industrial Relations Act 1967, s. 20(3)

INDUSTRIAL COURT: Remedies - Reinstatement - Whether it ought to be allowed to be sought by a claimant past the age of retirement - Factors to consider - Evaluation of case laws - Effect of - Industrial Relations Act 1967, s. 20(1)


MOHD AZIZI SOHAN v. ASIAN KITCHEN (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1407 OF 2017 [CASE NO: 19/4-605/15]
5 OCTOBER 2017

DISMISSAL: Insubordination - Whether the claimant's actions of posting defamatory comments and/or remarks against his superior on his Facebook account had constituted insubordinate behaviour - Factors to consider - Effect of - Whether insubordination had been successfully proven against him - Evidence adduced - Evaluation of - Whether his dismissal had been justified under the circumstances - Whether dismissal without just cause and excuse

DISMISSAL: Misconduct - Claimant posting defamatory comments and/or remarks against his superior on his Facebook account - Claimant admitting to it and apologising to the company - Whether the Facebook Comments had been for public viewing - When they had been posted - Whether it had constituted major misconduct in the Company's Employee Handbook - Factors to consider - Evidence adduced - Effect of - Whether the misconduct had been proven by the company against him - Claimant's defence - Whether could be accepted - Whether the company had acted reasonably in dismissing them - Whether dismissal with just cause and excuse

DOMESTIC INQUIRY: Procedural impropriety - Whether the DI had been conducted according to the rules of natural justice - Factors to consider - Effect of