CASE HIGHLIGHT

YONG HA LAN v. PEMBORONG CHUNG WAI WAH & SONS SDN BHD
INDUSTRIAL COURT, SABAH
P IRUTHAYARAJ D PAPPUSAMY
AWARD NO. 1434 OF 2010 [CASE NO: 4(17)/4-689/07]

DISMISSAL: Constructive dismissal - Whether the claimant had failed to perform her job functions - Job designation of the claimant - Company's claim on her job designation and documentary evidence adduced contradicting one another - Effect of - Which had been more believable - Company alleging that the claimant had not performed her job up to expectations - Evidence adduced by the company - Company suspending the claimant and failing to pay her salaries - Claimant walking out on constructive dismissal - Whether the company's actions had been reasonable - Effect of - Whether there had been a fundamental breach of the claimant's terms of employment by the company - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, s. 20(3)

DISMISSAL: Constructive dismissal - Claimant suspended from duties and subsequently not paid her salaries - Reasons for the same - Whether the company had proven the allegations against the claimant - Evidence adduced - Whether the claimant had managed to rebut successfully - Effect of - Whether the claimant had managed to satisfy her burden of proof - Effect of - Whether there had been a fundamental breach of the claimant's contract of employment by the company - Effect of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967

DISMISSAL: Constructive dismissal - Victimization - Claimant giving loans to the company and taking interest - Whether it had been a common practice in the company - Effect of - Claimant singled out for punishment - Whether that had been prejudicial to her - Whether she had been treated with bias by the company - Whether she had been victimized by the company - Evidence adduced by the claimant - Effect of - Whether there had been a fundamental breach of the claimant's contract of employment by the company - Effect of - Whether dismissal without just cause and excuse - Industrial Relations Act 1967

EVIDENCE: Documentary evidence - Preliminary objection to contradictory dates claimant alleging constructive dismissal - Whether the principle in Joedy Kanniah had been applicable - Whether this had been a case of direct dismissal or constructive dismissal - Factors to consider - Effect of - Industrial Relations Act 1967

INDUSTRIAL COURT:Remedies - Quantum of damages - Claimant claiming for interest on the loan sum granted to the company - Whether it had been a contractual entitlement under her contract of employment - Effect of - Whether the Industrial Court had been the right forum to make such a claim - Effect of - Industrial Relations Act 1967