CASE HIGHTLIGHTS

BALA SANDRAN KRISHNASAMY v. BEAUTY LAND ENTERPRISE
INDUSTRIAL COURT, KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 1250 OF 2018 [CASE NO: 11/4-1110/16]
4 JUNE 2018

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Claimant employed by one company but terminated by another – Determination of who the claimant’s true employer had been – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether this claim had been rightly brought against the company

EVIDENCE: Adverse inference – Whether GSC had been a material witness – Factors to consider – Company failing to call her to testify – Whether an adverse inference ought to be drawn against it – Evidence Act 1950, s. 114(g)

INDUSTRIAL COURT: Procedure – Action – Claimant dealing with three separate companies – Whether the corporate veil ought to be lifted – Factors to consider – Evidence adduced – Effect of – Whether the three companies had in effect been one and the same – Whether there had been an element of fraud in the company’s actions towards the claimant


ELIAS MD KADIR BABA v. KERETAPI TANAH MELAYU BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
JAMIL ARIPIN
AWARD NO. 1338 OF 2018 [CASE NO: 14/4-290/16]
11 JUNE 2018

CONTRACT OF EMPLOYMENT: Type of – Fixed-term contract – Claimant tendering his resignation before the expiry of the fixed-term contract and later withdrawing it based on the assurances of COWS1 – Whether COWS1 had had the authority to renew the contract – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the communications between the claimant and COWS1 had been mere proposals – What the intentions of the parties to the contract had been – Evaluation of the contract – Whether the wording had been clear and unambiguous – Whether it had in fact been a permanent contract – Effect of – Whether the claimant had been dismissed – Whether dismissal without just cause and excuse

CONTRACT OF EMPLOYMENT: Type of – Fixed-term contract – Whether the claimant had had a legitimate expectation that his contract would be renewed – Factors to consider – Evidence adduced – Effect of – Claimant’s actions – What it had shown – Whether it had been a genuine fixed-term contract – Whether there had been a dismissal – Whether dismissal without just cause and excuse