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LATEST CASES (ILR Issue 2 of 2013) SUBJECT INDEX DISMISSAL Breach of terms and conditions of contract - Addendum to terms and conditions of employment contract - Introduction of 55 retirement age policy - Whether a unilateral variation of employment contract - Whether company justified in introducing retirement age policy - Whether notice on retirement age policy effectively communicated to claimant - Industrial Relations Act 1976, s. 20(3) Breach of company rules and policies - Unauthorised receipt of gratification - Claimant accused of receiving secret commissions from car dealers - Whether proven - Evaluation of evidence - Quality of evidence - Effect of - Claimant denying charges - Whether company had acted reasonably in thinking claimant had been guilty of charge - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Contract of employment - Terms and conditions - Contract silent on retirement age - Whether claimant entitled to be employed as long as fit and able to perform duties - Industrial Relations Act 1976, s. 20(3) Constructive dismissal - Company terminating claimant's services three months after introducing 55 retirement age policy - No retirement clause in employment letter - Whether claimant entitled to continue in employment as long as fit and able to perform duties - Whether company justified in unilaterally varying employment contract - Whether notice on retirement age policy effectively communicated to claimant - Industrial Relations Act 1976, s. 20(3) Misconduct - Breach of company's procedures - Allowing passengers with improper travel documents and/or suspicious routings to board flight - Whether misconduct proved - Whether dismissal justified - Industrial Relations Act 1967, s. 20(3) Misconduct - Illegal removal of goods from airline flight - Whether misconduct proved on a balance of probabilities - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3) Misconduct - Claimant walked out from company's premises - Whether claimant abandoned employment - Whether claimant had no option but to leave in view of company's abusive conduct - Whether company dismissed claimant - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3) Performance - Unsatisfactory performance - Whether claimant had failed to complete tasks on time - Whether proven by company - Evidence adduced - Evaluation of - Effect of - Conduct of claimant - Claimant's years of service with company - Effect of - Whether company's actions had been reasonable under the circumstances - What the company should have done - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Poor performance - Failure to achieve sales target - Absence of warning letters or show cause letters - Sufficient time and opportunity to improve not accorded - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3) Redundancy - Restructuring exercise - Claimant's services terminated following rejection of VSS offer - Whether company acted bona fide in terminating claimant - Whether claimant's services still existed at time of retrenchment - Whether company proved it was operating under challenging set of circumstances necessitating retrenchment - Industrial Relations Act 1967, s. 20(3) Remedy - Backwages - Calculation - Overtime - Whether overtime could be calculated as part of claimant's salary when awarding backwages EVIDENCE Admissions - Charge - Whether claimant had pleaded guilty to charge - Evidence adduced by company - Evaluation of - Factors to consider - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Documentary evidence - Findings of DI - Whether it had been perverse - Factors to consider - Effect of - Whether a prima facie case had been made out against claimant - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3) Documentary evidence - Hearsay evidence - Functions of Industrial Court - Whether letters written by car dealers had been hearsay - Whether letters could be accepted as evidence by court - Both car dealers not called to testify in court - Effect of - When hearsay evidence could be accepted by court - Whether claimant had been aware of letters - Whether claimant had been given a reasonable opportunity of commenting on it - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) INDUSTRIAL COURT Procedure - Parties - Joinder - Joinder of parties in a non-compliance application - Date the first respondent had gone into liquidation - Date when joinder applications had been filed - Whether leave of High Court pursuant to s. 263(2) of Companies Act 1965 should have been obtained - Evaluation of legislation - Effect of - Companies Act 1965, ss. 263(2) & 255(6) Procedure - Parties - Joinder - Joinder of parties in a non-compliance application - First, second and fourth respondents dormant - Whether corporate veil of second, third and fourth respondents should be lifted - Evidence adduced - Evaluation of - Effect of - Whether there had been functional integration or unity of establishment between parties Procedure - Parties - Joinder - Joinder of parties in a non-compliance application - Whether complainant had been a preferential creditor pursuant to s. 292 of Companies Act 1965 - Whether Industrial Court had jurisdiction to determine issue - Effect of - Companies Act 1965, s. 292 - Industrial Relations Act 1967, s. 30(5) Procedure - Parties - Joinder - Joinder of parties in a non-compliance application - Whether complainant should have joined second, third and fourth respondents in her dismissal proceedings - Factors to consider - Whether joinder suitable to be granted in the circumstances INDEKS PERKARA PEMBUANGAN KERJA Kontrak pekerjaan - Kontrak ditukarkan kepada kontrak tetap tempoh tiga tahun - Sama ada kontrak tersebut tulen - Sama ada penuntut menerima tawaran kontrak tempoh tetap tersebut - Sama ada penuntut diberhentikan kerja selepas tamat tempoh - Sama ada penamatan kerja atas sebab atau alasan adil - Akta Perhubungan Perusahaan 1967, s. 20(3) Penghematan - Tawaran VSS oleh syarikat - Sama ada berniat jahat dan merupakan penganiayaan - Akta Perhubungan Perusahaan 1967, s. 20(3) |
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