TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Whether the company could be compelled to promote Kannan from the nonclerical staff to the Clerical staff category of employees – Factors to consider – Evidence adduced – Effect of – What Kannan’s job specifications had been – Effect of – Industrial Relations Act 1967, ss. 13(3) & 30(5)
THAM KAH FOOK v. MOL ACCESSPORTAL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
AWARD NO. 2381 OF 2019 [CASE NO: 28(13)/4-1703/18]
29 AUGUST 2019
CONTRACT OF EMPLOYMENT: Notice of termination – Company stating
and pleading retirement for his termination – Whether proven – Evidence
adduced – Evaluation of – Effect of – Whether the claimant had in fact been
dismissed
CONTRACT OF EMPLOYMENT: Terms and conditions – Claimant
executing two documents containing contradictory terms of employment – Which
document had prevailed – Factors to consider – Evidence adduced – Evaluation
of – Effect of – Whether the claimant had been dismissed by the company – Whether dismissal without just cause and excuse
DISMISSAL: Retirement – Whether the claimant had been retired by the
company – Factors to consider – Evidence adduced – Effect of – Whether he had
been subject to the Minimum Retirement Age Act 2012
INDUSTRIAL COURT: Remedies – Backwages – What would be a suitable
figure to award – Factors to consider – Evidence adduced – Effect of
INDUSTRIAL COURT: Remedies – Reinstatement – Whether appropriate to
award the non-resident claimant – Factors to consider – Evidence adduced – Effect of – What would be a suitable remedy to award instead
