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JASWANT SINGH SAPURAN SINGH v. GLOBAL PROCESS SYSTEMS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 910 OF 2016 [CASE NO: 3(25)(3)/4-1388/13]
9 AUGUST 2016
DISMISSAL: Retrenchment - Redundancy - Claimant retrenched - Whether the claimant had possessed the required experience and skill for the expanded role - Evidence adduced - Effect of - Company's actions towards him - Whether COW1 and COW2 had been in a position to make that decision - Whether that decision had been arrived at fairly - Factors to consider - Whether it had shown mala fide intent on the part of the company - What the company should have done
DISMISSAL: Retrenchment - Redundancy - Claimant retrenched - Whether the claimant's role in the company had ceased to exist - Evidence adduced - Claimant's functions and duties taken over by a new hire - Effect of - Whether he had been surplus to the company's needs - Factors to consider - Company's actions towards him - Whether it had been an unfair labour practice
DISMISSAL: Retrenchment - Redundancy - Claimant retrenched - Whether the retrenchment had been carried out bona fide - Factors to consider - Evidence adduced by the company - Effect of - Whether the claimant's replacement had been better suited for the job - Whether the claimant's seniority, qualifications and contributions had been taken into account by the company - Effect of - Whether his dismissal had been with just cause and excuse
KADIR HARUN lwn. KAWALAN PRIMA SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
SAPINI MAT SAMAN
AWARD NO. 995 TAHUN 2016 [NO. KES: 6(23)/4-579/14]
26 OGOS 2016
KONTRAK PERKHIDMATAN: Kekecewaan kontrak - YM ditamatkan perkhidmatan dan diambil bekerja semula - Lesen agensi keselamatan pihak syarikat responden dibatalkan oleh Kementerian Dalam Negeri - Kesannya - Sama ada pihak syarikat responden terhalang dari memulihkan pekerjaan YM disebabkan "kekecewaan kontrak" - Faktor-faktor yang harus diambil kira - Kesannya - Sama ada permohonan YM harus dibenarkan - Akta Perhubungan Perusahaan 1967, s. 20(3)
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