|
MOK SOOK LIAN v. PYO TRAVEL (MY) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
AWARD NO. 890 OF 2021 [CASE NO: 6(15)(22)/4-1099/19] (Consolidated with Case No. 6(15)(22)/4-1100/19; 6(15)(20)/4-1111/19; 6(15)(26)(20)/4-1112/19; 6(15)/4-1972/19; 6(15)/4-1973/19; 6(15)/4- 1974/19; 6(15)/4-1975/19; 6(15)/4-1976/19; 6(15)/4-1273/19 & 6(15)/4-1276/19 By Interim Award No. 139/2020 Dated 15 January 2020)
27 APRIL 2021
DISMISSAL: Retrenchment – Cessation of business – Payment of retrenchment benefits – When are such benefits payable – Whether such benefits had been designed for circumstances where the company is active and operational and where the retrenchment exercise affects only a group or some employees, undertaken for the reorganizational purposes of the company – Whether the claimants had been entitled to them – Factors to consider – Effect of
DISMISSAL: Retrenchment – Cessation of business – Respondent companies suffering severe financial loss – Claimants’ employments terminated – Whether retrenchments had been carried out bona fide – Whether the respondent companies’ business operations had no longer been viable – Factors to consider – Evidence adduced – Effect of – Claimants failing to challenge the respondent companies’ audited accounts, amongst other things – Effect of – Whether there had been a genuine redundancy situation in the respondent companies – Whether the claimants had been fully aware of the reason for their terminations – Positions held by them in the respondent companies – Effect of – Claimants not given prior warning before being terminated – Effect of – Whether the claimants’ terminations had been carried out with just cause and excuse
ELIZABETH MARTINA BEHAN v. EXPRESS VENTURE SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1062 OF 2021 [CASE NO: 4/4-1895/20]
20 MAY 2021
INDUSTRIAL COURT: Procedure – Action – Company in liquidation – Whether the claimant had had to obtain the leave of the High Court pursuant to ss. 451(2) and/or 471(1) and (2) of the Companies Act 2016, before proceeding with the matter – Factors to consider – Evidence adduced – Effect of – Companies Act 2016, ss. 451(2), 471(1) and (2), Companies Act 1965, ss. 263(2), 226 (2) and (3) & Industrial Relations Act 1967, s. 29
|
