TAN CHIN SENG v. PAN-ASIA PROPERTY MANAGEMENT SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AMRIK SINGH
AWARD NO. 1476 OF 2025 [CASE NO: 6(14)-4-2187-21]
18 SEPTEMBER 2025

Abstract – An employee’s dismissal is justified if there is a pattern of serious misconduct, even if a single allegation has been resolved. This holds true when the employee’s behaviour, in its totality, demonstrates a lack of accountability and defiance toward their duties and superiors.

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NG SIN LEONG v. BT SYSTEMS (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD RAZIF MOHD SIDEK
AWARD NO. 1582 OF 2025 [CASE NO: 3-4-1565-23]
13 OCTOBER 2025

Abstract – (i) An employer has the managerial prerogative to implement a business reorganisation or restructuring, including the consolidation and relocation of roles to reduce costs, increase efficiency, and improve profitability, and a court should be slow to intervene in such decisions; (ii) The decision to retrench is genuine and made in good faith, even if the employer is not facing financial difficulty, as the true test is the genuine business reason for the reorganisation, not the company’s profitability; (iii) An employee’s ‘legitimate expectation’ of continued employment until retirement age is not breached unless there is concrete evidence of a promise or undertaking from the employer, as it must be distinguished from mere personal hope or anticipation.