CASE HIGHTLIGHTS

HAMDAN RASID HJ A MANAN v. TELEKOM MALAYSIA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 30 OF 2019 [CASE NO: 30(14)/4-1207/17]
3 JANUARY 2019

DISMISSAL: Constructive dismissal – Salary – Claimant not given a salary increment and bonus – Reasons for the same – Whether he had been performing poorly for that year – Evidence adduced – Evaluation of – Effect of – Company’s actions towards him – Whether reasonable – Whether it had amounted to a fundamental breach which had gone to the root of his contract of employment – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Salary – Claimant not given a salary increment and bonus due to his poor performance – Whether he had been fairly assessed – Factors to consider – Evidence adduced – Effect of – Company’s actions towards him – Whether reasonable – Whether it had breached the fundamental terms of his employment contract

DISMISSAL: Constructive dismissal – Whether the company had disclosed private and confidential information to third parties without his permission, in contravention of the Personal Data Protection Act 2010 – Factors to consider – Effect of – Whether it had constituted a fundamental breach of his employment contract

EVIDENCE: Burden of proof – Whether discharged by the claimant in proving constructive dismissal – Effect of


SUSEELA DEVI BALAKRISHNAN v. INTI INTERNATIONAL COLLEGE KUALA LUMPUR SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
AWARD NO. 343 OF 2019 [CASE NO: 24(14)/4-1119/16]
22 JANUARY 2019

DISMISSAL: Retrenchment – Redundancy – Claimant offered VSS – Whether mutual termination had taken place upon her acceptance of it – Factors to consider – Evaluation of the case laws – Effect of

DISMISSAL: Retrenchment – Redundancy – Claimant terminated based on VSS – Whether the VSS had been genuine and voluntary – Factors to consider – Evidence adduced – Evaluation of – Whether the claimant had been dismissed by the company – Whether dismissal without just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Retrenchment – Redundancy – Whether the claimant’s acceptance of retrenchment benefits had precluded or estopped her from contending that her dismissal had been unlawful – Factors to consider – Evidence adduced – Effect of – Whether she had accepted the VSS voluntarily – Whether she had been dismissed by the company – Whether dismissal without just cause and excuse

DISMISSAL: Retrenchment – Redundancy – Whether the claimant’s position had become redundant – Whether it had been a bona fide exercise of management’s prerogative – Factors to consider – Evidence adduced – Effect of – Company’s actions towards her – What it had shown – Whether she had been dismissed – Whether dismissal without just cause and excuse