VETRIVEL RENGASAMY lwn. LIANG CHI COOLING TOWER SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
TEOH CHIN CHONG
AWARD NO. 64 TAHUN 2022 [NO. KES: 14/4-2650/20]
6 JANUARI 2022

MAHKAMAH PERUSAHAAN: Prosedur – Tindakan – Menghidupkan semula kes – Sama ada permohonan YM yang dibuat 7 bulan dari tarikh Award pembatalan dan 5 bulan selepas tamat tempoh kebenaran untuk menghidupkan semula kes, harus dibenarkan – Faktor-faktor yang harus diambil – Penilaian keterangan – Kesannya – Akta Perhubungan Perusahaan 1967, ss. 29(fa), (g) dan 30(5) Kes ini

SYAFINAH MOHAMED v. ZEAL CLEANING SERVICES
INDUSTRIAL COURT, SABAH
INDRA HAJI AYUB
AWARD NO. 332 OF 2022 [CASE NO: 17(5)/4-1690/19]
24 FEBRUARY 2022

DISMISSAL: Attendance – Lateness – Whether the claimant had been late in coming into the office – Factors to consider – Evidence adduced – Effect of – Claimant admitting to receiving verbal warnings on it – Whether the charge had successfully been proven against her – Whether it had justified her dismissal – Whether her dismissal had been with just cause and excuse

DISMISSAL: Insubordination – Whether the company had successfully made out the charge against her – Company failing to call an important witness – Whether it had made this charge a non-issue

DISMISSAL: Performance – Poor performance – Claimant failing to achieve the fixed target demo set by the company – Such a requirement absent in her letter of appointment and/or employment contract – Effect of – Whether she had been bound by the target demo set – Factors to consider – Evidence adduced – Effect of – Claimant issued warning letters on it – Whether the company had successfully proven poor performance against her – Whether it had justified her dismissal – Whether her dismissal had been with just cause and excuse

DOMESTIC INQUIRY: Procedural impropriety – Whether there had been miscarriages of justice in the way it had been carried out – Factors to consider – Evidence adduced – Effect of – Whether fatal to the company’s case – Whether there had been a lack of procedural fairness in the way the company had inquired and investigated the matter – Whether it had made her dismissal unjust despite her being guilty of the charges – Effect of