LIM LAI YIN v. THE BRITISH COUNCIL
INDUSTRIAL COURT, KUALA LUMPUR
JEYASEELEN T ANTHONY
AWARD NO. 1410 OF 2025 [CASE NO: 18-4-607-23]
4 SEPTEMBER 2025

Abstract – A retrenchment is regarded as a bona fide exercise if the employer successfully demonstrates that the employee’s position became surplus to the company’s requirements as a result of a legitimate business re-organisation, such as one undertaken to prevent financial losses. Further, a dismissal cannot be said to be discriminatory if the employer shows that the selection process was based on objective, nondiscriminatory criteria and that the employee was offered, but failed to accept, opportunities for alternative employment within the restructured organisation.

MURUGES SUPRAMANIAM v. THE VANGUARDS SERVICES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
VANITHAMANY SIVALINGAM
AWARD NO. 1436 OF 2025 [CASE NO: 7-4-394-24]
9 SEPTEMBER 2025

Abstract – An employee cannot be terminated for misconduct without first being afforded an opportunity to defend himself and without the employer having first conducted a proper investigation or a domestic inquiry to prove the misconduct. The burden of proof lies with the employer to show that the dismissal was with just cause or excuse. If the employer fails to conduct a proper inquiry or investigation and fails to produce sufficient evidence to substantiate the alleged misconduct, the dismissal is deemed to be without just cause or excuse and is therefore unfair.