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CASE HIGHLIGHTS |
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BADARIAH SHAHRUDIN v. MUDRA RESOURCES SDN BHD DISMISSAL: Retrenchment – Cessation of business – Company ceasing its operation indefinitely – Reasons for the same – Whether genuine – Whether it had successfully proven that it had been running at a loss – Evidence adduced – Evaluation of – Effect of DISMISSAL: Retrenchment – Redundancy – Whether the claimant’s termination, on the ground of redundancy, had been carried out in a bona fide matter – Factors to consider – Evidence adduced – Effect of DISMISSAL: Retrenchment – Reorganisation – Whether the company’s reorganisation exercise had been carried out in a bona fide manner – Factors to consider – Evidence adduced – Effect of – Whether there had been a genuine need by it to reorganise its business – Whether it had been facing a financial crisis – Effect of – What its actions had shown – Whether the claimant had been singled out for retrenchment – Effect of – Whether the company had acted in compliance with the LIFO principle and the Code of Conduct for Industrial Harmony – Whether it had needed to – Effect of – Whether dismissal without just cause and excuse INDUSTRIAL COURT: Procedure – Action – Discrepancy between the date of dismissal stated in the pleadings and the Ministerial Reference – Effect of – Determination of claimant’s dismissal date – Factors to consider – Evidence adduced – Effect of AJIS DELI v. SHELL MDS (MALAYSIA) SDN BHD INDUSTRIAL COURT: Jurisdiction – Where the Industrial Court derives its jurisdiction from – Whether the Proposed Amended Statement of Case would be consonant and in accordance with the DG’s reference, thus giving the Court the jurisdiction to adjudicate the matter – Factors to consider – Evidence adduced – Effect of – Whether the amendments ought to be allowed INDUSTRIAL COURT: Procedure – Pleadings – Amendment of pleadings – Claimant seeking to amend his Statement of Case that had been filed when he had been unrepresented by solicitors – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of – Whether the Proposed Amended Statement of Case, which changed the ground of dismissal from constructive dismissal to retrenchment and shifted the burden of proof, would prejudice the company – Whether it would alter the character of the claim – Effect of – Whether the Application had been made bona fide – Duty of the Industrial Court in considering amendment applications – Industrial Relations Act 1967, ss. 29(g) & 30(5) WORDS & PHRASES: “cause of action” – Whether it had existed in the Industrial Court – Whether it ought to be confined to suits filed in the Civil Courts |
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LATEST CASES (ILR Issue 6 of 2022) |
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ARTICLE HIGHLIGHTS |
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WORKERS IN PHILIPPINES MOST STRESSED IN SOUTH-EAST ASIA, SAYS GLOBAL POLL AUSTRALIA'S MINIMUM WAGE EARNERS TO GET $40 A WEEK PAY RISE, FAIR WORK COMMISSION RULES |
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