SUBJECT INDEX

DISMISSAL

Absenteeism - Whether the claimant had been absent from work - Claimant sending e-mails to the bank stating that she would not be reporting for duty as directed - Effect of - Whether the explanations given by the claimant for sending such e-mails had been acceptable - The state of mind of the claimant at the material time - Effect of - Claimant nevertheless physically present in the office for most of the time - Effect of - Whether the bank's decision to dismiss her based on those e-mails had been correct - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Basheba Mohd Omar v. RHB Islamic Bank Bhd
(Gabriel Gumis) [2011] 3 ILR 11  

Absenteeism - Whether the claimant had been absent from work - Whether the claimant had reported for duty as directed - Claimant physically present in the office - Whether she had been working or attending to her personal affairs - Evidence adduced - An evaluation of - Effect of - Attitude of the bank's Regional Head towards the claimant - Effect of - Whether it had constituted just cause to dismiss the claimant - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Basheba Mohd Omar v. RHB Islamic Bank Bhd
(Gabriel Gumis) [2011] 3 ILR 11  

Breach of company rules and policies - Claimant allegedly slapping her students - Claimant's defence - Whether it had been one of bare denial - Effect of - Evaluation of the evidence - Whether the misconducts had been proven against the claimant
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Breach of company rules and policies - Claimant allegedly slapping her students - Whether it had been a breach of the Teachers Code of Professional Conduct - Whether the claimant had been aware of the code - Effect of - Evidence adduced by the parties - Whether the misconducts had been proven against the claimant - Effect of - Whether the school had managed to establish the misconducts against the claimant - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Breach of company rules and policies - Claimant allegedly slapping her students - Whether the punishment of dismissal had been too harsh - Claimant's service with the school - Claimant having a clean record with the school for 13 years - Effect of - Whether a clean record had been a shield to dismissal
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Breach of company rules and policies - Claimant allegedly slapping her students - Whether the relationship of trust placed on the claimant by the school had been broken - Position held by the claimant in the school - Effect of - Repercussions of the claimant's misconducts on the school
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Constructive dismissal - Status - Removal of authority - Reasons for the same - Whether the company's actions had been reasonable - Factors to consider - Effect of - Claimant not consulted - Effect of - Whether it had been the company's prerogative to remove authority - Whether it had been done bona fide - Effect of - Whether the company by its conduct had evinced an intention to no longer be bound by the contract of employment - Effect of - Whether the claimant had successfully proven constructive dismissal - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Tang Sitt Fong & Ors v. Kris International Travel Tours (M) Sdn Bhd & Anor
(Mariah Ahmad) [2011] 3 ILR 90  

Constructive dismissal - Transfer - Claimants transferred despite a shortage in manpower - Reasons put forward by the company - Evidence adduced by the company - Whether their reasons had been made out - Effect of - Company's conduct towards the claimants - Whether the company had shown an intention to no longer be bound by the claimants' contracts of employment - Industrial Relations Act 1967
Tang Sitt Fong & Ors v. Kris International Travel Tours (M) Sdn Bhd & Anor
(Mariah Ahmad) [2011] 3 ILR 90  

Insubordination - Company accusing the claimant of making fraudulent medical claims - Claimant engaging a lawyer and suing the company for defamation - Whether the claimant had exhausted the company's internal grievance procedure - What the company's grievance procedure had entailed - Effect of - Whether the claimant's conduct had been subversive to discipline and had constituted insubordination - Factors to consider - Whether the company had managed to establish the misconduct against the claimant - Evidence adduced by the company - Whether sufficient to satisfy its burden of proof - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Rajendran Nagappan v. Nippon Paint (M) Sdn Bhd
(Ahmad Terrirudin Mohd Salleh) [2011] 3 ILR 49  

Misconduct - Claimant accused of making fraudulent medical claims - Whether proven by the company - Evidence adduced by the company - Effect of - Whether the misconduct had been proven against the claimant - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3)
& 30(5)
Rajendran Nagappan v. Nippon Paint (M) Sdn Bhd
(Ahmad Terrirudin Mohd Salleh) [2011] 3 ILR 49  

Retrenchment - Redundancy - Claimants retrenched - Reasons for the same - Company introducing a new scheme - What the new scheme would have entailed - Whether the new scheme would have changed the relationship of the claimants from that of employees to independent contractors - Effect of - Whether the claimants had the right to reject it - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Low Bong Chen & Ors v. Skin Essentials (M) Sdn Bhd
(Ong Geok Lan) [2011] 3 ILR 75  

Retrenchment - Redundancy - Claimants retrenched - Reasons for the same - Whether the company had had a surplus of workers - Evidence adduced - Effect of - Whether the company's reasons for the said retrenchments had been a mere sham - Analysis of the evidence tendered - Effect of - Whether the company's actions had been reasonable - Whether the company had satisfied its burden of proof - Effect of - Industrial Relations Act 1967
Low Bong Chen & Ors v. Skin Essentials (M) Sdn Bhd
(Ong Geok Lan) [2011] 3 ILR 75  

DOMESTIC INQUIRY

Procedural impropriety - Charges amended and added during DI proceedings - Effect of - Whether the claimant had had notice of these amended charges and had been given a chance to answer to them - Evidence adduced - Effect of - Whether the DI had been valid
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Procedural impropriety - Whether the DI proceedings had been biased - Evidence adduced - Whether the claimant had been allowed to participate fairly in the proceedings - Effect of - Whether the DI had been valid
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

EVIDENCE

Witness - Calling of - Reasons for calling the witness - Effect of - Whether appropriate to call - Factors to consider - Industrial Relations Act 1967, ss. 29 (b) & (c)
Tamil Selvi Veeraiyah v. Fairview International Schools Berhad
(Jalaldin Hussain) [2011] 3 ILR 138  

Witness - Credibility - Testimony of the claimant's witness against that of the bank's - Who had been more believable and reliable - Evaluation of the evidence - Effect of
Basheba Mohd Omar v. RHB Islamic Bank Bhd
(Gabriel Gumis) [2011] 3 ILR 11  

INDUSTRIAL COURT

Jurisdiction - Whether the Industrial Court had been seised with jurisdiction to hear this case - Factors to consider - Industrial Relations Act 1967, ss. 56(1) & 56(2)
Yusof Ahmad v. Tenaga Nasional Berhad
(Ong Geok Lan) [2011] 3 ILR 40  

Remedies - Compensation - Whether a deduction would be made for post-dismissal earnings - Whether the claimants had been employed post-dismissal - Whether there had been other factors to consider - Effect of
Low Bong Chen & Ors v. Skin Essentials (M) Sdn Bhd
(Ong Geok Lan) [2011] 3 ILR 75  

Remedies - Compensation in lieu of reinstatement - Whether there had been any contributory conduct on the part of the claimant - Evaluation of the evidence - Effect of - The percentage that would be deducted for such contributory conduct
Basheba Mohd Omar v. RHB Islamic Bank Bhd
(Gabriel Gumis) [2011] 3 ILR 11  

Remedies - Reinstatement - Whether appropriate to grant under the circumstances - Factors to consider - Effect of
Low Bong Chen & Ors v. Skin Essentials (M) Sdn Bhd
(Ong Geok Lan) [2011] 3 ILR 75  

Remedies - Reinstatement - Whether it had been appropriate to grant under the circumstances - Lapse of 8 years since the claimants had been dismissed - Effect of - Factors to consider
Tang Sitt Fong & Ors v. Kris International Travel Tours (M) Sdn Bhd & Anor
(Mariah Ahmad) [2011] 3 ILR 90  

INTERPRETATION

Collective agreement - Interpretation of articles - Shift allowance payments - What the intention of the parties had been - Evidence tendered by both parties - Effect of - Factors to consider - Industrial Relations Act 1967, s. 14(3) and Employment Act 1955, ss. 60A, 60C & First Schedule
Kesatuan Pekerja-Pekerja Perkilangan Perusahaan Makanan v. Sime Darby Jomalina Sdn Bhd (Formerly Known As Golden Jomalina Food Industries Sdn Bhd)
(Susila Sithamparam) [2011] 3 ILR 65  

LABOUR LAW

Wages - Service charge - Whether part of wages - Labour Ordinance (Sabah), s. 2
Port View Seafood Village Sdn Bhd v. Rocelyn Tubal Raneses
(David Wong Dak Wah J) [2011] 3 ILR 1  

NON-COMPLIANCE

Collective Agreement - Complainant alleging non-compliance of article 19 of the CA - Interpretation of article 19 of the CA - Whether the granting of promotion had been at the prerogative of the company - Effect of - Whether a case of non-compliance had been made out - Evaluation of the facts and evidence - Effect of - Industrial Relations Act 1967, s. 56
Yusof Ahmad v. Tenaga Nasional Berhad
(Ong Geok Lan) [2011] 3 ILR 40  

Collective Agreement - Complainant alleging non-compliance of article 19 of the CA - Whether there had been a serious dispute of facts - Whether this had been a suitable case to bring under s. 56 of the Industrial Relations Act 1967
Yusof Ahmad v. Tenaga Nasional Berhad
(Ong Geok Lan) [2011] 3 ILR 40  

TRADE DISPUTE

Collective Agreement - Complainant alleging non-compliance of article 19 of the CA - Serious dispute as to the facts - Whether the case should have been brought as a trade dispute as opposed to one of non-compliance - The difference between a trade dispute and a complaint of non-compliance - Industrial Relations Act 1967, s. 26
Yusof Ahmad v. Tenaga Nasional Berhad
(Ong Geok Lan) [2011] 3 ILR 40  

WORDS & PHRASES

"reporting for duty" - What it meant - Whether the claimant had reported for duty at the material time - Evidence adduced - An evaluation of
Basheba Mohd Omar v. RHB Islamic Bank Bhd
(Gabriel Gumis) [2011] 3 ILR 11  

'work done in respect of his contract of service' - Section 2 Labour Ordinance (Sabah) - Service charge - Whether within definition of wages under s. 2
Port View Seafood Village Sdn Bhd v. Rocelyn Tubal Raneses
(David Wong Dak Wah J) [2011] 3 ILR 1