SUBJECT INDEX

DISMISSAL

Breach of company rules/policies - Claimants dismissed for being arrested by Malaysian Anti-Corruption Commission on suspicion of corrupt practices - Claimants released and suspicion not proved - Whether dismissal with just cause and excuse - Industrial Relations Act 1967, s. 20(3)
Jaafar Abd Rahim & Anor v. Puspakom Sdn Bhd
(Sulaiman Ismail) [2012] 3 ILR 1

Constructive dismissal - Forced resignation - Whether claimant was put under compulsion to resign - Claimant's failure to state in his resignation letter that he was constructively dismissed and that company had breached specific terms of employment contract - Whether detrimental to claimant's claim - Withdrawal of company car, handing over of files and relegation of duties - Whether grounds for constructive dismissal - Industrial Relations Act 1967, s. 20
Yap Cho Heeon v. Fimco Management Sdn Bhd
(Gulam Muhiaddeen Abdul Aziz) [2012] 3 ILR 124

Constructive dismissal - Second claim for constructive dismissal - Claimant claiming constructive dismissal for the second time after reinstatement pursuant to first claim - Claimant relying on representations made in respect of first claim - Whether representations on first claim resolved between parties - Whether fresh representations to be made over second claim - Whether failure to do so rendered court having no jurisdiction to hear second claim - Industrial Relations Act 1967, s. 20(3)
Sime Engineering Sdn Bhd v. Tuan Syed Ghazali Syed Hassan
(Ong Geok Lan) [2012] 3 ILR 186

Constructive dismissal - Transfer - Whether transfer actuated with ulterior motive - Whether unlawful exercise of management right - Industrial relations Act 1967, s. 20(3)
Soon Seng Palm Oil Mill (Gemas) Sdn Bhd v. Narayanan Annamalai
(Eddie Yeo Soon Chye) [2012] 3 ILR 40

Misconduct - Authorising payment vouchers as recipient - Claimant alleging that payments were contra payments for alleged debt owed - Whether claimant's personal interest conflicting with interest of employer - Whether claimant abused his position as CEO of company - Whether misconduct serious in nature to warrant dismissal
Mohd Jamaludin Mohamed Shamsudin v. Tenaga Nasional Berhad
(Gulam Muhiaddeen Abdul Aziz) [2012] 3 ILR 80

Misconduct - Claimant participated in seminar organised by company's competitor - Whether claimant in breach of employment contract - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Santokh Singh Visaka Singh v. Cashflow Horison Sdn Bhd
(Rajendran Nayagam) [2012] 3 ILR 59

Misconduct - Insubordination - Claimant chef did not heed instructions of hotel's General Manager - Whether claimant committed acts of gross misconduct warranting dismissal - Industrial Relations Act 1967, s. 20(3)
Khairuddin Kamarudin v. The Coronade Hotel
(Anna Ng Fui Choo) [2012] 3 ILR 174

Misconduct - Physical brawl and attempted theft - Whether misconducts proved on balance of probabilities - Whether justifying dismissal - Industrial Relations Act 1967, s. 20(3)
Thambiraja Annamalai v. Mammoth Empire Construction Sdn Bhd
(Hapipah Monel) [2012] 3 ILR 148

Misconduct - Senior manager - Whether failed to perform work duties as required of an employee in a senior position - Whether dismissal with just cause or excuse
Mohd Sabaruldin Che Bakar v. Puncak Niaga (M) Sdn Bhd
(Eddie Yeo Soon Chye) [2012] 3 ILR 202

Performance - Poor performance - Whether poor performance proved - Failure to call witness - Whether fatal to company's case - Whether s. 114(g) Evidence Act 1950 invoked against company - Whether dismissal without just cause or excuse
Mahkota Technologies Sdn Bhd v. Ooi Cheong Leong
(Gulam Muhiaddeen Abdul Aziz) [2012] 3 ILR 104

Probationer - Poor performance - Whether proved by company - Whether claimant given sufficient time to improve performance - Whether company's failure to hold domestic inquiry fatal to company's case - Whether dismissal with just cause and excuse
Yusof Talib v. Idi Sdn Bhd
(Ahmad Terrirudin Mohd Salleh) [2012] 3 ILR 28

INDUSTRIAL COURT

Jurisdiction - Claim against organisation - Whether court had jurisdiction to hear claim - Whether organisation a company incorporated under Companies Act 1965
Kathiresan Tharmalingam v. ICC-CCS International Maritime Bureau
(Hapipah Monel) [2012] 3 ILR 74

INDUSTRIAL RELATIONS

Industrial Relations Act 1967 - Section 56(1) - Non-compliance with award - Order for reinstatement - Whether complied by company
Intharadavei Karuppan & Ors v. Voith Paper Fabrics Ipoh Sdn Bhd
(Ong Geok Lan) [2012] 3 ILR 66