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IN THIS ISSUE BULLETIN 01/2022
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

SATHASIVAM MUTHUSAMY v. TENAGA NASIONAL BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1200 OF 2021 [CASE NO: 11/4-636/20]
5 AUGUST 2021

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Claimant detained and arrested for possession of dangerous drugs but failing to inform the company – Company terminating him, based on frustration of contract – Whether reasonable – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether dismissal with just cause and excuse – Industrial Relations Act 1967, s. 20(3)

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Whether it had been backdated, premature and pre-emptive and issued without due process – Factors to consider – Evidence adduced – Effect of – Whether his arrest and detention had rendered his contract of employment impossible to perform – Whether termination simpliciter – Whether an enquiry had been required – Factors to consider – Effect of

DISMISSAL: Police investigation – Claimant arrested and detained in prison – Claimant not turning up for work and failing to apply for leave from the company – What he should have done if he had been serious about continuing in employment with it – Whether the claimant had been unable to perform the job he had been hired for, due to his arrest and detention – Length of his stay in prison – Effect of – Company’s actions towards him – Whether justified – Whether dismissal without just cause and excuse


KEVIN COLANDAIRAJ v. HEALTHCARE OPTIMISATION PARTNERS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
AWARD NO. 1399 OF 2021 [CASE NO: 2(12)/4-473/20]
21 SEPTEMBER 2021

DISMISSAL: Abandonment – Claimant not agreeing with the direction the company had been moving towards and failing to realign himself with his co-founders – Whether he had abandoned his job – Evidence adduced – Evaluation of – Effect of

DISMISSAL: Constructive dismissal – Change in job function – Claimant given a deadline to revert with an answer on whether he is onboard with the company’s plans – Whether imposing a deadline on him to revert with an answer had been unreasonable – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether he had been constructively dismissed – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Change in reporting structure and demotion – Whether the company’s implementation of OpPlan19 had been a fundamental breach of his contract of employment – Factors to consider – Evidence adduced – Evaluation of – Effect of – Claimant’s position in the company – Whether he had been obliged to comply and participate – Perusal of his employment contract – What it had shown – Whether the company had indicated any mala fide intention towards him – Effect of – Whether he had been constructively dismissed – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Salary – Claimant’s salaries not paid/part paid – Whether it had constituted a fundamental breach of his contract of employment – Factors to consider – Evidence adduced – Effect of – Whether he had condoned it – Claimant’s position in the company – What it had reflected – Whether he had been constructively dismissed – Whether dismissal without just cause and excuse

EVIDENCE: Documentary evidence – Whether the claimant had been a workman within the definition of the Industrial Relations Act 1967 – Factors to consider – Evidence adduced – Effect of – Claimant wearing multiple hats in the company, including that of a majority shareholder – Effect of – Industrial Relations Act 1967, s. 2


LATEST CASES (ILR Issue 12 of 2021)
Award Parties Citation Links
  Maritime Intelligence Sdn Bhd v. Tan Ah Gek
[Civil Appeal No: 02(f)-60-10-2020(J)]
[2021] 4 ILR 417 cljlaw
labourlaw
  Nazrul Imran Mohd Nor v. Civil Service Commission Malaysia & Anor
[Civil Appeal No: W-01(A)-397-06-2018]
[2021] 4 ILR 455 cljlaw
labourlaw
  Ng Teck Fay v. Mahkamah Perusahaan Malaysia & Anor
[Civil Appeal No: W-01(A)-690-12-2019]
[2021] 4 ILR 481 cljlaw
labourlaw
  Vinodh Mariappa v. Ketua Pengarah Eksekutif, Lembaga Pembangunan Pelaburan Malaysia, CEO MIDA & Ors
[Judicial Review No: WA-25-151-05-2020]
[2021] 4 ILR 495 cljlaw
labourlaw
552/2021 Nadarajan Pakirisamy v. Evoc Action Sdn Bhd (Case No: 6(15)/4-2312/19) [2021] 4 ILR 522 cljlaw
labourlaw
1002/2021 National Union Of Newspaper Workers lwn. Kwong Wah Yit Poh Press Berhad
[No. Kes: 9/3-235/20]
[2021] 4 ILR 531 cljlaw
labourlaw
1128/2021 Khoo Kim Loang v. ITZ My Treats Sdn Bhd
[Case No: 6(15)/4-54/20]
[2021] 4 ILR 550 cljlaw
labourlaw
1200/2021 Sathasivam Muthusamy v. Tenaga Nasional Berhad
[Case No: 11/4-636/20]
[2021] 4 ILR 558 cljlaw
labourlaw
1351/2021 Wong Fong Yee v. Thermo Fisher Scientific Malaysia Sdn Bhd
[Case No: 14/4-1897/19]
[2021] 4 ILR 573 cljlaw
labourlaw
1399/2021 Kevin Colandairaj v. Healthcare Optimisation Partners Sdn Bhd
[Case No: 2(12)/4-473/20]
[2021] 4 ILR 579 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHTS

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