CASE HIGHTLIGHTS

ARUNESWARAN SAMYNATHAN v. UZMA ENGINEERING SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 399 OF 2019 [CASE NO: 4/4-181/17]
28 JANUARY 2019

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – No reasons stated for the claimant’s termination except "Non- Confirmation" – Whether the claimant had been deemed a permanent employee of the company – Whether the company’s action of dismissing him had been unfair – Whether his dismissal had been with just cause and excuse

DISMISSAL: Misconduct – Whether misconduct had been proven by the company – Evidence adduced – Effect of – Company’s actions in relation to misconduct – What it had shown – Whether the claimant’s dismissal had been carried out with just cause and excuse

DISMISSAL: Performance – Poor performance – Whether the claimant had performed poorly – Factors to consider – Evidence adduced – Effect of – Whether it had been proven by the company against him – Actions taken by the company towards him – What it had shown – Whether reasonable – What it should have done – Whether dismissal without just cause and excuse

DISMISSAL: Probationer – Claimant not confirmed at the point he had been dismissed – Whether he had remained a probationer at the material time – Factors to consider – Evidence adduced – Effect of – Company’s actions towards him – What it had shown – Whether the company, by its own actions, had treated the claimant as a confirmed employee – Effect of


JAMALIS JAAFAR v. BISTRO & THEATRE RESTAURANT SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 447 OF 2019 [CASE NO: 30(3)(7)/4-541/16]
31 JANUARY 2019

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Suspension letter, DI proceedings and termination letter issued by three different parties – Whether it had invalidated his termination from employment – Factors to consider – Effect of – Relationship between the parties – What the claimant should have done

DISMISSAL: Breach of company rules and policies – Violence at the workplace – Whether the claimant had been physically and verbally violent towards Aleemin – Factors to consider – Evidence adduced – Effect of – Whether proven by the company – Whether it had been a serious misconduct – Claimant’s defence – Whether acceptable and proven by the evidence – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Demotion – Whether the claimant had been constructively dismissed by the company – Evidence adduced – Effect of – Claimant’s actions – What it had shown – Effect of

DOMESTIC INQUIRY: Procedural impropriety – Whether procedural defects, if any, during the DI had invalidated his dismissal – Powers of the IC

INDUSTRIAL COURT: Jurisdiction – Claimant failing to plead reinstatement in his Statement of Case – Whether it had been fatal to his case – Factors to consider – Evaluation of case laws – Effect of – Whether the IC had jurisdiction to hear the matter – Industrial Relations Act 1967, s. 20(1)