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LATEST CASES (ILR Issue 3 of 2013) SUBJECT INDEX CONTRACT Terms and conditions - Claimant enjoying uninterrupted medical practice for nearly 20 years with company - Non-renewal of contract - Whether a dismissal or company exercising option not to renew - Whether non-renewal clause superseded - Whether claimant an employee or an independent contractor DISMISSAL Breach of company rules and policies - Criminal conviction - Claimant arrested by the ACA for corruption and charged in Sessions Court - Claimant acquitted of charges - Whether Industrial Court bound by decision of Sessions Court - Evaluation of authorities - Effect of - Whether dismissal without just cause or excuse Breach of company rules and policies - Unauthorised receipt of gratification - Claimant allegedly demanding payment of monies - Whether proven - Evaluation of evidence - Quality of evidence - Effect of - Whether company had acted reasonably in thinking the claimant had been guilty of charges - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Claimant - Status - Doctor with company for 20 years - Whether a workman envisaged under s. 2 Industrial Relations Act 1967 or an independent contractor under a contract for services Constructive dismissal - Amended statement of claim - Application to amend after commencement of hearing - Amendments sought to insert sexual harassment allegations - Whether allegations should have been raised at material time when claim for constructive dismissal was made - Industrial Relations Act 1967, s. 20(3) Contract - Non-renewal - Claimant enjoying uninterrupted medical practice for nearly 20 years - Whether non-renewal of contract a dismissal or company simply exercising option not to renew - Whether non-renewal clause superseded Misconduct - Breach of company rules and policies - Accepting cheques and extending credit to cash customer without approval - Whether misconduct proved by company on a balance of probabilities - Whether dismissal with just cause or excuse - Industrial Relations Act 1967, s. 20(3) Misconduct - Claimant issuing letters relating to employment, salary and years of work in relation to staff without authorisation - Whether proven by the company - Evidence adduced - Effect of - Whether it had constituted a breach of the fiduciary relationship between employer and employee Misconduct - Claimant sneaking into superior's room and accessing her computer without authorisation - Whether proven by company - Evidence adduced - Effect of - Whether it had constituted a breach of fiduciary relationship between employer and employee - Whether company had been reasonable in dismissing claimant - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) Misconduct - Claimant utilising management quarters for personal reasons without authorisation - Whether proven by company - Evidence adduced - Effect of Misconduct - Misrepresentation in employment qualification - Degree not recognised in Malaysia - Whether claimant fulfilled all requirements for obtaining degree - Whether application required claimant to declare that she had a degree recognised in Malaysia - Industrial Relations Act 1967, s. 20(3) Misconduct - Possession of bottles of Dom Perignon reported missing from aircraft - Whether violation of conditions of service - Industrial Relations Act 1976, s. 20(3) Probationer - Poor performance - Failure to achieve sales targets - Lateness to work - Pinching customers from other sales representatives - Whether allegations proved by company - Whether adequate warnings given to claimant - Industrial Relations Act 1967, s. 20(3) Probationer - Probationer not confirmed - Whether probationer continues as a probationer until confirmation or dismissal by company DOMESTIC INQUIRY Absence of - No domestic inquiry held against claimant prior to his dismissal - Whether it vitiated or nullified the dismissal - Whether claimant had been given a chance to explain - Evaluation of evidence - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5) EVIDENCE Admissions - Claimants testimony before the DI and in Court - Evaluation of - Whether he had admitted to misconducts - Effect of Witness - Failure to call - Whether company had failed to called material witnesses Witness - Hearsay evidence - Functions of Industrial Court - Whether COW2's evidence had been hearsay - Whether his evidence could be accepted by court - Whether Industrial Court bound by strict rules of evidence INDUSTRIAL COURT Assessment - Quantum - Backwages, compensation in lieu of reinstatement and bonus - Factors for consideration - Contributory misconduct - Gainfully employed - Entitlement to amount deducted due to suspension from work - One month salary for each year of completed service - Industrial Relations Act 1967, s. 20(3) Procedure - Action - Adjournment sine die - Grounds for - Whether there had been a duplicity of proceedings - Reliefs claimed in each court - Effect of - Industrial Relations Act 1967 Procedure - Action - Stay of proceedings - Company seeking to stay proceedings - Grounds for - Inherent powers of the Industrial Court - Functions and intent of the Industrial Relations Act - Evaluation of the legislation - Effect of - Industrial Relations Act 1967, ss. 29(g) & 30(5) Procedure - Pleadings - Claimant failing to plead fundamental issues in his pleadings - Issues only brought up at hearing before court - Whether he was bound by his pleadings INDEKS PERKARA KETERANGAN Keterangan dokumen - Sama ada penuntut diambil bekerja oleh syarikat dibawah kontrak perkhidmatan atau kontrak untuk perkhidmatan - Keterangan yang dikemukakan - Penelitiannya - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada syarikat berjaya membuktikan bahawa penuntut bukan seorang pekerja - Sama ada pembuangan kerja penuntut telah dilakukan secara adil dan bersebab - Akta Perhubungan Perusahaan 1967, s. 20(3) PEMBUANGAN KERJA Penghematan - Mekanik Diesel - Alasan kemelesatan pasaran - Sama ada dibuktikan - Sama ada pemecatan penuntut di bawah langkah penghematan dilakukan dengan niat baik - Akta Perhubungan Perusahaan 1967, s. 20(3) |
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