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LLB Bulletin #12/2022 05 December 2022

CASE HIGHLIGHTS

NOR AWALLIZAN DOLLAH v. ZURICH GENERAL INSURANCE MALAYSIA BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1784 OF 2022 [CASE NO: 22/4-1670/21]
15 AUGUST 2022

INDUSTRIAL COURT: Remedies – Backwages – What would be a suitable amount to award – Factors to consider – Evidence adduced – Effect of – Amount of time that had passed from the date of his dismissal to the time the matter had been remitted back to the Industrial Court for the determination of the remedies – Whether he had been in gainful employment post-dismissal – Factors to consider – Claimant carrying out e-hailing services – Whether that had constituted gainful employment – Evaluation of the case laws – Effect of – Industrial Relations Act 1967, Para 1 Schedule 2

INDUSTRIAL COURT: Remedies – Compensation in lieu of reinstatement – Whether suitable to award – Factors to consider – Evidence adduced – Effect of – Claimant serving the company for four years before being dismissed

INDUSTRIAL COURT: Remedies – Reinstatement – Whether suitable to award – Factors to consider – Evidence adduced – Effect of – Relationship between the parties post-dismissal


ROS AZAMAN OTHMAN v. NAMTECH PRIMA SDN BHD (Formerly known as Tokheim Guardian Venture Sdn Bhd)
INDUSTRIAL COURT, KUALA LUMPUR
RAJESWARI KARUPIAH
AWARD NO. 1964 OF 2022 [CASE NO: 20/4-91/19]
5 SEPTEMBER 2022

INDUSTRIAL COURT: Remedies – Backwages – What would be a suitable amount to award – Factors to consider – Evidence adduced – Effect of – Whether he had been in gainful employment post-dismissal – Whether any deductions ought to be made for contributory conduct – Effect of

INDUSTRIAL COURT: Remedies – Compensation – Claimant claiming for his annual bonus – Whether he had been entitled to it – Factors to consider – Evidence adduced – Effect of

INDUSTRIAL COURT: Remedies – Compensation – Interest on compensation – Claimant claiming for 8% per annum pursuant to s. 30(1A) of the Industrial Relations Act 1967 – When interest under that section became payable – Whether he had been entitled to it – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, s. 30(1A)

INDUSTRIAL COURT: Remedies – Compensation in lieu of reinstatement – Whether suitable to award – Factors to consider – Evidence adduced – Effect of – Age of the claimant when he had been dismissed

LATEST CASES (ILR Issue 11 of 2022)

Award Parties Citation Links
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[2022] 4 ILR 288 cljlaw
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 1784/2022 Nor Awallizan Dollah v. Zurich General Insurance Malaysia Bhd
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[2022] 4 ILR 338 cljlaw
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 1964/2022 Ros Azaman Othman v. Namtech Prima Sdn Bhd (Formerly known as Tokheim Guardian Venture Sdn Bhd)
[Case No: 20/4-91/19]
[2022] 4 ILR 348 cljlaw
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 1973/2022 Tasrin Ojo v. Boulevard Motor (Sabah) Sdn Bhd (Formerly UMW Toyota Motor Sdn Bhd)
[Case No: 17/4-2483/19]
[2022] 4 ILR 357 cljlaw
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 1987/2022 Sashi Kala K M Menon v. Taylor's International School (KL) Sdn Bhd
[Case No: 4/4-1615/19]
[2022] 4 ILR 378 cljlaw
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SUBJECT INDEX

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MORE SINGAPORE FIRMS ADOPTING 4-DAY WORK WEEK TO ATTRACT, RETAIN TALENT | VIDEO
More companies in Singapore are adopting a four-day work week in a bid to attract and retain workers. However, the arrangement might not work for everyone or every business model.

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