SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Judicial review - Dismissal from employment - Whether appropriate penalty - Whether Industrial Court and High Court erred in substituting own views for views of employer
Panzana Enterprise Sdn Bhd v. Norizan Bakar & Anor
(Low Hop Bing JCA, Abdul Wahab Patail JCA & Linton Albert JCA) [2012] 4 ILR 1

CONTRACT OF EMPLOYMENT

Terms and conditions - Transfer - Whether claimant's contract of employment contained a transfer clause - Whether claimant expressly agreed to that clause - Whether he could now object to company relying on it to transfer him - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Cletes Francis v. Institut Teknologi Pertama (Substituted With ITP Management Sdn Bhd)
(Jalaldin Hussain) [2012] 4 ILR 185

DISMISSAL

Constructive dismissal - Salary - Non-payment - Claimants continuing to work with company for six months - Whether they had waived their objections by conduct - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Shuhaila Ibrahim & Ors v. Atlas One Malaysia Sdn Bhd
(Jalaldin Hussain) [2012] 4 ILR 209

Constructive dismissal - Salary - Non-payment - Whether a fundamental breach going to root of contract of employment - Effect of - Receivers and Managers appointed - Whether Receivers and Managers should be held personally liable or responsible - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Shuhaila Ibrahim & Ors v. Atlas One Malaysia Sdn Bhd
(Jalaldin Hussain) [2012] 4 ILR 209

Constructive dismissal - Transfer - Change in line of reporting - Whether a demotion - Whether transfer bona fide - Whether claimant's role in company systematically reduced - Industrial Relations Act 1967, s. 20(3)
Susanna Thian Su-An v. BJ Services (M) Sdn Bhd
(Anna Ng Fui Choo) [2012] 4 ILR 24

Constructive dismissal - Transfer - Claimant objecting, refusing to report to new department and walking out of employment - Whether his actions amounted to abandoning job - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Cletes Francis v. Institut Teknologi Pertama (Substituted With ITP Management Sdn Bhd)
(Jalaldin Hussain) [2012] 4 ILR 185

Constructive dismissal - Transfer - Claimant transferred to new department - Whether he had been aware of reasons for transfer - Whether job functions in new department substantially different from claimant's existing job functions - Whether transfer carried out in bad faith - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
Cletes Francis v. Institut Teknologi Pertama (Substituted With ITP Management Sdn Bhd)
(Jalaldin Hussain) [2012] 4 ILR 185

Constructive dismissal - Transfer following allegation of misconduct - Claimant alleged to have given instruction denying medical treatment to Vice Chairman and director of hospital who was also member of State Legislative Council - Whether transfer order a demotion - Whether claimant transferred to new place and position for which he was not contracted to be employed - Whether allegation of misconduct proved - Industrial Relations Act 1967, s. 20(3)
Abdul Hamid Mustapah v. Putra Hospital (Melaka) Sdn Bhd (Formerly Known As Southern Hospital Sdn Bhd)
(Anna Ng Fui Choo) [2012] 4 ILR 98

Forced resignation - Allegations of forced resignation under duress and threat - Negotiations leading up to claimant's resignation - Whether showing claimant resigned on a negotiated settlement with company - Industrial Relations Act 1967, s. 20(3)
Omar Suhaimi Abu Hassan v. Eastern Pacific Industrial Corporation Berhad
(Eddie Yeo Soon Chye) [2012] 4 ILR 41

Insubordination - Use of derogatory words against superior and subordinate - Whether sufficient to justify dismissal - Whether allegations not particularised - Industrial Relations Act 1967, s. 20(3)
Tan Huat Chai v. Yutaka Sangyo Industries (M) Sdn Bhd
(Mary Shakila G Azariah) [2012] 4 ILR 11

Misconduct - Breach of fiduciary duty - Receiving paid holiday by company's supplier - Failing to disclose knowledge of special relationship between company's supplier and employee of company to external auditor - Whether claimant breached fiduciary relationship with company - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3)
Palaniappan v. Lafarge Cement Sdn Bhd (Formerly Known As Malayan Cement Industries Sdn Bhd)
(Gulam Muhiaddeen Abdul Aziz) [2012] 4 ILR 161

Misconduct - Throwing hot drink at worker and uttering threatening words - Whether misconduct proved - Whether serious enough to warrant punishment of dismissal - Industrial Relations Act 1967, s. 20(3)
Jasvender Singh Seran Singh v. Malaysian Airlines System Berhad
(Jalaldin Hussain) [2012] 4 ILR 57

Retrenchment - Forklift drivers - Redundant due to outsourcing exercise - Whether company justified in outsourcing work leading to retrenchment - Industrial Relations Act 1967, s. 20(3)
Muhamad Yusuf Awang & Ors v. Guinness Anchor Berhad
(P Iruthayaraj D Pappusamy) [2012] 4 ILR 134

Retrenchment - Redundancy - Whether retrenchment exercise justified and necessary - Whether there was redundancy - Whether LIFO principle adhered to - Industrial Relations Act 1967, s. 20(3)
Kamala Devi A Vythilingam v. Mahkota Technologies Sdn Bhd
(Tay Lee Ly) [2012] 4 ILR 111

LABOUR LAW

Industrial Court - Decision - Dismissal for misconduct - Appropriate penalty - Whether decision of employer to be given effect to - Whether Industrial Court and High Court erred in substituting own views for views of employer
Panzana Enterprise Sdn Bhd v. Norizan Bakar & Anor
(Low Hop Bing JCA, Abdul Wahab Patail JCA & Linton Albert JCA) [2012] 4 ILR 1

Industrial Court - Decision - Whether Industrial Court Chairman correct in finding employee guilty of misconduct - Whether there was difference between disciplinary proceedings relating to public officers under Federal Constitution and General Orders and cases dealing with private sector employers/employees under Industrial Relations Act 1967 (IRA) - Whether IC Chairman acted within requirements under IRA
Raja Abdul Rahman Raja Abdul Aziz v. Exxonmobil Exploration And Production Malaysia Inc
(KN Segara JCA, Ramly Ali JCA & Azahar Mohamed JCA) [2012] 4 ILR 4

INDEKS PERKARA

PEMBUANGAN KERJA

Salah laku - Kecuaian melampau - Kebakaran di tempat bekerja - Sama ada penuntut menyebabkan kebakaran - Sama ada pembuangan kerja tanpa sebab atau alasan adil - Akta Perhubungan Perusahaan 1967, s. 20(3)
Choong Wai Kwan lwn. Pudu Sinar Sdn Bhd
(Hamdan Indah) [2012] 4 ILR 151