NIRASE FATHIMA ABUBACKER v. UCI EDUCATION SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 82 OF 2015 [CASE NO: 13/4-177/2013]
21 JANUARY 2015

CONTRACT OF EMPLOYMENT: Type of - Claimant employed on a series of fixed term contracts - Claimant prevented from completing duration of last contract - Whether it had amounted to a dismissal - Factors to consider - Effect of

DISMISSAL: Notice of termination - Company issuing a letter informing the claimant that her visa has expired and preventing her from teaching - Whether it had amounted to a summary dismissal - Factors to consider - Effect of - Whether the company by its conduct had evinced an intention not to be bound by the contract of employment - Whether her dismissal had been without just cause and excuse

EVIDENCE: Witnesses - Whether the company's witnesses had been able to rebut the claimant's case - Evidence adduced - Evaluation of - Effect of - Company failing to call the claimant's immediate superior who had still been in its employ - No reasons put forward by the company - Whether the evidence of this witness had been material - Factors to consider - Whether the company had succeeded in proving the misconduct against the claimant - Evidence adduced - Effect of

WONG KIM LEAN v. SUNWAY LAGOON SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 1 OF 2015 [CASE NO: 13(26)/4-1297/2007]
2 JANUARY 2015

DISMISSAL: Constructive dismissal - Obscene language and vulgarities allegedly used against the claimant - Whether proven by her - Evidence adduced - Effect of

DISMISSAL: Constructive dismissal - Warning letter - Claimant issued a warning letter - Claimant appealing against the same to no avail - Company's actions - Whether reasonable - Whether the company's actions had been a breach which had gone to the root of her contract of employment - Factors to consider - Effect of - Whether the claimant had been constructively dismissed

DISMISSAL: Constructive dismissal - Warning letter - Contents of the warning letter - Whether it had been a breach going to the root of her contract of employment - Factors to consider - Effect of - Whether the company's actions had been reasonable - Whether constructive dismissal proven by the claimant

DISMISSAL: Constructive dismissal - Warning letter - Whether the threat of future disciplinary action could be construed as a breach going to the root of the contract of employment - Factors to consider

EVIDENCE: Burden of proof - Whether the claimant had discharged it on a balance of probabilities - Whether she had been constructively dismissed by the company - Factors to consider

NOTICE OF TERMINATION: Forced resignation - Whether the claimant had been forced to resign - Evidence adduced - Effect of

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