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LATEST CASES (ILR Issue 4 of 2024) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal against – Appeal against decision of High Court –
Industrial Court allowed claimant's claim for constructive dismissal – High
Court quashed Industrial Court's decision – Whether High Court Judge erred
in law in making finding on issue not pleaded or ventilated before Industrial
Court CIVIL PROCEDURE Pleadings – Unpleaded issues – Employee served as Lorry/Trailer Driver
– Employee had fallen asleep while driving prime mover and trailer – Road
accident caused substantial damages to prime mover and trailer – Employee
averred that accident was due to exhaustion as he was forced to carry out
other duties – Whether pleaded COMPANY LAW Corporate veil – Separate entities – Lifting of veil among group enterprise
– Whether veil of incorporation could be disregarded – Single economic unit
– The transfer of claimant to work in any division of the companies' group CONTRACT Employment contract – Breach – Constructive dismissal – Claim –
Employer unilaterally deducted employee's monthly basic salary and failed
to pay commissions – Whether amounted to breach of fundamental term of
terms and conditions of employee's employment – Whether there was
constructive dismissal – Whether commissions formed part of employee's
salary LABOUR LAW Dismissal – Constructive dismissal – Employee transferred to new position
without significant difference from previous role and experience – Test to be
applied – Whether 'contract test' and not 'unreasonableness test' – Whether
Industrial Court ('IC') considered bona fide and reasonableness of employer's
conduct – Whether IC should have considered whether there was breach of
contract – Whether constructive dismissal established – Whether proper
legal test applied Dismissal – Retrenchment – Redundancy – Employer claims terminations
carried out under instructions of Judicial Manager – Whether there is
sufficient evidence – Whether dismissal done with just cause or excuse –
Whether retrenched – Whether circumstances existed which justified
termination exercise undertaken – Whether retrenchment exercise bona fide
and fair labour practice Dismissal – Retrenchment – Redundancy – Whether dismissal done with just
cause or excuse – Whether retrenched – Whether circumstances existed
which justified termination exercise undertaken – Whether retrenchment
exercise bona fide and fair labour practice – Whether reinstatement proper
remedy Employment – Constructive dismissal – Concept of condonation –
Application of concept of condonation in employment law – Whether
condonation applies to employee – Difference between condonation and
waiver, acceptance or acquiescence Employment – Dismissal – Constructive dismissal – Claim – Employer
unilaterally deducted employee's monthly basic salary and failed to pay
commissions – Whether there was constructive dismissal – Whether there
was breach of terms of letter of appointment – Whether breach sufficiently
important to justify claim of constructive dismissal – Whether employee left
employment in response to breach and not for any other unconnected reasons
– Whether there was undue delay on part of employee in leaving his
employment – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Employer involved in business of
providing care and nursing needs for mother and babies – Employee
employed as Staff Nurse – Employee dismissed from employment due to
work-related negligence – Mishandling of babies – Whether employee failed
in discharge of duties and responsibilities as Staff Nurse – Whether acts of
misconduct proven – Whether there was lack of standard operating
procedures and training in handling babies – Whether there was condonation
of misconduct – Whether there were acts of victimisation and favouritism by
employee – Industrial Relations Act 1967, ss. 20(3) & 30(5) Employment – Termination – Misconduct – Negligence – Employee served
as Lorry/Trailer Driver – Employee had fallen asleep while driving prime
mover and trailer – Road accident caused substantial damages to prime
mover and trailer – Employee suspended before terminated – Whether there
was double punishment when employee was suspended before terminated –
Whether there was non-compliance of due process and rules of natural justice
– Whether employee provided with opportunity to defend himself –
Whether punishment meted out proportionate to misconduct – Employment
Act 1955, s. 14 – Industrial Relations Act 1967, ss. 20 & 30(5) Employment – Unfair dismissal – Misconduct – Abuse of medical benefits
– Allegation by company that clinic visits by employee and/or his
dependents were unreasonable – Domestic inquiry found claimant not guilty
but employer proceeded to terminate employee's service – Whether alleged
misconduct established – Whether there was unfair dismissal – Whether
punishment of dismissal proportionate to gravity of alleged misconduct –
Industrial Relations Act 1967, ss. 20(3) & 30(5) ROAD TRAFFIC Accident – Negligence – Collision between prime mover and trailer and
lorry – Whether there was negligence TORT Negligence – Work-related negligence – Misconduct – Employer involved in
business of providing care and nursing needs for mother and babies –
Employee employed as Staff Nurse – Employee dismissed from employment
due to work-related negligence – Mishandling of babies – Whether employee
failed in discharge of duties and responsibilities as Staff Nurse – Whether acts
of misconduct proven TRADE DISPUTE Collective agreement – Articles – Dispute regarding articles on medical
attention and hospitalisation, retirement/termination benefits, salary
adjustment and implementation and salary schedule – Proposals by parties INDEKS PERKARA KONTRAK Kontrak pekerjaan – Pemecahan – Pekerja mendapati majikan bertingkah
laku tidak wajar terhadap pekerja-pekerja lain – Pekerja tiba-tiba
meninggalkan pekerjaan dengan majikan tanpa memberi apa-apa notis –
Kontrak pekerjaan antara pekerja dan majikan tidak mengandungi terma
tentang penamatan kontrak oleh pekerja – Sama ada kontrak wajar ditafsir
dengan terma tersirat – Sama ada majikan mempunyai remedi terhadap
pekerja – Sama ada boleh menuntut ganti rugi Kontrak perkhidmatan – Penamatan – Pihak menuntut dilantik untuk
kontrak perkhidmatan tempoh tetap – Kontrak perkhidmatan dibaharui dan
disambung setiap dua tahun dari 2015 hingga 2021 – Syarikat menamatkan
kontrak perkhidmatan pihak menuntut sebelum tamat tempoh atas alasan
kemerosotan prestasi – Sama ada kemerosotan prestasi berjaya dibuktikan –
Sama ada tindakan-tindakan syarikat menyokong pengataan bahawa prestasi
pihak menuntut merosot UNDANG-UNDANG BURUH Pekerjaan – Penamatan kontrak perkhidmatan – Pihak menuntut dilantik
untuk kontrak perkhidmatan tempoh tetap – Kontrak perkhidmatan
dibaharui dan disambung setiap dua tahun dari 2015 hingga 2021 – Syarikat
menamatkan kontrak perkhidmatan pihak menuntut sebelum tamat tempoh
atas alasan kemerosotan prestasi – Sama ada kemerosotan prestasi berjaya
dibuktikan – Sama ada tindakan-tindakan syarikat menyokong pengataan
bahawa prestasi pihak menuntut merosot – Sama ada penamatan
perkhidmatan adil – Akta Perhubungan Perusahaan 1967, s. 20(3) |
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