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LLB Bulletin #04/2022 5 April 2022

CASE HIGHLIGHTS

VETRIVEL RENGASAMY lwn. LIANG CHI COOLING TOWER SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
TEOH CHIN CHONG
AWARD NO. 64 TAHUN 2022 [NO. KES: 14/4-2650/20]
6 JANUARI 2022

MAHKAMAH PERUSAHAAN: Prosedur – Tindakan – Menghidupkan semula kes – Sama ada permohonan YM yang dibuat 7 bulan dari tarikh Award pembatalan dan 5 bulan selepas tamat tempoh kebenaran untuk menghidupkan semula kes, harus dibenarkan – Faktor-faktor yang harus diambil – Penilaian keterangan – Kesannya – Akta Perhubungan Perusahaan 1967, ss. 29(fa), (g) dan 30(5) Kes ini


SYAFINAH MOHAMED v. ZEAL CLEANING SERVICES
INDUSTRIAL COURT, SABAH
INDRA HAJI AYUB
AWARD NO. 332 OF 2022 [CASE NO: 17(5)/4-1690/19]
24 FEBRUARY 2022

DISMISSAL: Attendance – Lateness – Whether the claimant had been late in coming into the office – Factors to consider – Evidence adduced – Effect of – Claimant admitting to receiving verbal warnings on it – Whether the charge had successfully been proven against her – Whether it had justified her dismissal – Whether her dismissal had been with just cause and excuse

DISMISSAL: Insubordination – Whether the company had successfully made out the charge against her – Company failing to call an important witness – Whether it had made this charge a non-issue

DISMISSAL: Performance – Poor performance – Claimant failing to achieve the fixed target demo set by the company – Such a requirement absent in her letter of appointment and/or employment contract – Effect of – Whether she had been bound by the target demo set – Factors to consider – Evidence adduced – Effect of – Claimant issued warning letters on it – Whether the company had successfully proven poor performance against her – Whether it had justified her dismissal – Whether her dismissal had been with just cause and excuse

DOMESTIC INQUIRY: Procedural impropriety – Whether there had been miscarriages of justice in the way it had been carried out – Factors to consider – Evidence adduced – Effect of – Whether fatal to the company’s case – Whether there had been a lack of procedural fairness in the way the company had inquired and investigated the matter – Whether it had made her dismissal unjust despite her being guilty of the charges – Effect of

LATEST CASES (ILR Issue 3 of 2022)

Award Parties Citation Links
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296/2022 Mohamed Mohamed Hanafiah v. MRCB Sentral Properties Sdn Bhd
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332/2022 Syafinah Mohamed v. Zeal Cleaning Services
[Case No: 17(5)/4-1690/19]
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SUBJECT INDEX

ARTICLE HIGHLIGHTS

MIXED VIEWS ON MINIMUM WAGE INCREMENT QUANTUM
Jump in minimum wage may be too much for businesses to absorb
Economists are divided over the quantum of the minimum wage hike at a time when businesses are still grappling with the impact from Covid-19, which has been raging for two years. Last Saturday, Prime Minister Datuk Seri Ismail Sabri Yaakob announced that the minimum wage will be increased to RM1,500 from RM1,200 effective May 1. Initially, it will apply to big firms and government-linked companies. Socio-Economic Research Centre (SERC) executive director Lee Heng Guie said a jump of 25% in minimum wage is too much for businesses to absorb as they are not fully recovered from the coronavirus pandemic.

READ MORE

SMES CAN DELAY RM1,500 MINIMUM WAGE, SAYS MINISTER
Only larger companies required to pay new wage from May, SMEs exempted
Micro, small and medium-sized enterprises (MSMEs) will be exempted from applying the RM1,500 minimum wage rate from May 1. Entrepreneur development and cooperatives minister Noh Omar told the Dewan Rakyat that only larger companies will be required to pay the new minimum wage, revised from RM1,200 previously. He said the ministry had decided to delay the minimum wage deadline for MSMEs because of the effects of the Covid-19 pandemic on smaller businesses. Replying to Nurul Izzah Anwar (PH-Permatang Pauh) in the Dewan Rakyat today, Noh said the government would continue to help the SMEs to recover.

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NATWEST FACES 2M PAYOUT AFTER FIRING A BANKER JUST TWO DAYS AFTER HER OPERATION FOR COLON CANCER
NatWest compliance officer was unfairly dismissed two days after cancer surgery
Natwest faces a damages claim of more than 2m after it unfairly dismissed a banker just two days after her operation for colon cancer. The High Street lender was found to have discriminated against Adeline Willis on the basis of disability in a move that left her 'physically and emotionally in turmoil', according to her lawyers. Chief executive Alison Rose was even dragged into the case after Willis sent her an email entitled 'Cry for help.' Willis, 44, had bumped into Rose at the bank's Bishopsgate headquarters in the weeks following her diagnosis in 2019.

READ MORE

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