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LATEST CASES (ILR Issue 11 of 2024) |
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SUBJECT INDEX ADMINISTRATIVE LAW Judicial review – Appeal – Appeal against decision of High Court – Company
in liquidation and ceased operations – Employees terminated – Terminated
employees lodged representations to Director General of Industrial Relations ('DGIR') – DGIR referred matter to Minister of Human Resources ('Minister') – Minister referred representations to Industrial Court – Judicial
review against decision of Minister – Whether Minister exercised discretion
in accordance with law – Whether employees should have obtained prior
leave of winding up court – Whether employees, having lodged proofs of
debt with liquidator, barred from instituting proceedings in Industrial Court
against company – Companies Act 2016, s. 451(2) – Industrial Relations Act
1967, s. 20(3) Judicial review – Appeal – Institute incorporated under Companies Act 1965
– Claimant dismissed from employment at Institute due to allegations of
serious misconduct – Director General of Industrial Relations referred
claimant's representation to Industrial Court – Industrial Court struck out
case due to lack of jurisdiction – Award of Industrial Court quashed by High
Court – Whether Industrial Court had jurisdiction to hear and determine
matter – Whether Institute a Government agency and within ambit of s. 52
of Industrial Relations Act 1967 COMPANY LAW Director – Shadow director – Claimant found guilty of misconduct of
providing company's payroll information with details of employees to
shadow director – Shadow director involved in finance matters of company
which included payroll matters – Position and legal standing of shadow
director – Whether director – Whether charge against claimant had any
footing – Whether there was misconduct – Companies Act 2016, s. 2 Liquidation – Proceedings against company in liquidation – Company
ceased operations and terminated employees – Terminated employees lodged
representations to Director General of Industrial Relations ('DGIR') –
DGIR referred matter to Minister of Human Resources ('Minister') –
Minister referred representations to Industrial Court – Whether Minister
acted in accordance with law – Whether employees should have obtained prior leave of winding up court – Whether employees, having lodged proofs
of debt with liquidator, barred from instituting proceedings in Industrial
Court against company – Companies Act 2016, s. 451(2) CONTRACT Agreement – Oral agreement – Promises – Announcements made during
townhall meetings – Whether announcements legally-binding promises –
Test propounded in Attrill & Ors v. Dresdner Kleinwort Limited & Anor –
Whether announcement sufficiently certain to create legally-binding
obligations – Whether there was intention to create legally-binding
obligations in announcement – Whether announcement capable of
acceptance and, if so, whether employee required to communicate
acceptance – Whether there was consideration given/received Employment contract – Breach – Breach of terms of employment contract
– Employer's imposition of significant changes to employee's terms of
employment – Prolonged periods of unpaid leave and salary reduction –
Whether changes made with justifiable cause – Whether made with
employee's consent – Whether fundamental breach of employment contract
– Whether there was constructive dismissal Employment contract – Breach – Fixed-term contract – Employee dismissed
from employment – Non-renewal of employee's contract – Whether there
was fixed tenure of expiration upon happening of events – Whether fixed-term
contract ended naturally – Whether genuine fixed term contract –
Whether permanent but dressed up as fixed-term contract – Whether
employee fixed-term employee – Whether employer's action of issuing end-of-contract letter bad labour practice – Whether constituted unfair dismissal
– Whether fundamental breach of employment contract DAMAGES Punitive damages – Industrial relations matter – Claimant dismissed from
employment – Claimant claimed against former employer at Industrial Court
– Claimant sought punitive compensation in lieu of reinstatement – Whether
Industrial Court may award punitive damages – Industrial Relations Act
1967, Second Schedule INDUSTRIAL LAW Jurisdiction – Jurisdictional objection – Institute incorporated under
Companies Act 1965 – Claimant dismissed from employment at Institute due
to allegations of serious misconduct – Director General of Industrial
Relations ('DGIR') referred claimant's representation to Industrial Court –
Whether Industrial Court had jurisdiction to hear and determine matter –
Whether Institute a Government agency and within ambit of s. 52 of
Industrial Relations Act 1967 ('IRA') – Whether jurisdictional objection
based on s. 52 may be taken up by way of application to Industrial Court
under s. 29(fa) of IRA – Whether Institute ought to have filed judicial review
to quash decision of DGIR to refer claimant's representation to Industrial
Court Procedure – Representations – Company in liquidation and ceased operations
– Employees terminated – Terminated employees lodged representations to
Director General of Industrial Relations ('DGIR') – DGIR referred matter
to Minister of Human Resources ('Minister') – Minister referred
representations to Industrial Court – Whether Minister acted in accordance
with law – Whether employees should have obtained prior leave of winding
up court – Industrial Relations Act 1967, s. 20(3) Remedies – Damages – Punitive damages – Employee dismissed from
employment – Employee sought punitive compensation in lieu of
reinstatement – Limits of what Industrial Court may award – Situations in
which Industrial Court may award punitive damages in unfair dismissal cases
– Industrial Relations Act 1967, Second Schedule LABOUR LAW Dismissal – Constructive dismissal – Employer's imposition of significant
changes to employee's terms of employment – Prolonged periods of unpaid
leave and salary reduction – Whether changes made with justifiable cause –
Whether made with employee's consent – Whether fundamental breach of
employment contract – Whether there was constructive dismissal Employment – Dismissal – Misconduct – Gross violation of discipline –
Leaving work premises without employer's permission – Employee found
guilty of misconduct and dismissed from employment – Whether misconduct
proven – Whether misconduct warranted dismissal from employment –
Industrial Relations Acts 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Causing punch card to be punched
out and in despite being not being present at work premises – Employee
found guilty of misconduct and dismissed from employment – Whether
misconduct proven – Whether misconduct warranted dismissal from
employment – Industrial Relations Acts 1967, ss. 20(3) & 30(5) Employment – Dismissal – Misconduct – Making false overtime claim –
Employee found guilty of misconduct and dismissed from employment –
Whether misconduct proven – Whether misconduct warranted dismissal
from employment – Industrial Relations Acts 1967, ss. 20(3) & 30(5) Employment – Dismissal – Poor performance – Appraisal and review –
Senior employee commenced employment with employer in 2000 and had
shown excellent performance throughout years of service – Employee
promoted several times by employer – Change of circumstances with
appointment of new director and head – Employee alleged to be poor
performer – Employee faced demotion, victimisation and her annual
increments and bonuses were stopped – Employee dismissed from
employment – Whether there was proper appraisal and review – Whether
employee poor performer – Whether employee dismissed with just cause or
excuse – Industrial Relations Act 1967, ss. 20(3) & 30(6A) Employment – Dismissal – Unfair dismissal – Employee dismissed from
employment – Non-renewal of employee's contract – Whether there was
fixed tenure of expiration upon happening of events – Whether permanent
employee – Whether employer's action of issuing end-of-contract letter bad
labour practice – Whether constituted unfair dismissal – Industrial Relations
Act 1967, s. 20(3) – Employees' Social Security Act 1969, s. 53(1) & (2) Employment – Unfair dismissal – Misconduct – Claimant Group Chief
Financial Officer – Claimant dismissed from employment following charges
of misconduct pertaining to transaction of certain shares – Whether dismissal
masterminded by another director – Whether claimant's dismissal attempt to
frustrate investigations of wrongdoing in company – Whether dismissal with
just cause or excuse – Whether reinstatement proper remedy – Industrial
Relations Act 1967, s. 20(3) STATUTORY INTERPRETATION Definition – 'Government agency' – Claimant dismissed from employment
at Institute due to allegations of serious misconduct – Director General of
Industrial Relations referred claimant's representation to Industrial Court –
Industrial Court struck out case as Institute a Government agency – Whether
Institute a Government agency according to relevant statutory interpretations INDEKS PERKARA KONTRAK Kontrak pekerjaan – Representasi salah dan palsu – Pekerja mengemukakan
dan menyerahkan sijil kelayakan dan membuat representasi-representasi
tertentu semasa temu duga – Pekerja melalui proses percubaan dan saringan
sebelum disahkan dalam pekerjaan dan memasuki kontrak perkhidmatan
dengan majikan – Dakwaan oleh majikan bahawa sijil kelayakan pekerja
tidak diiktiraf – Sama ada terdapat representasi salah dan palsu – Sama ada
majikan berjaya membuktikan dakwaan Kontrak pekerjaan – Peletakan jawatan – Pekerja meletak jawatan – Tarikh
sebenar peletakan jawatan dah tarikh notis tiga bulan – Majikan menerima
peletakan jawatan pekerja dengan mengetepikan keperluan notis tiga bulan
dari tarikh peletakan jawatan pekerja dan secara sebelah pihak, mengubah
tarikh akhir pekerja – Majikan tidak membayar pampasan tiga bulan gaji
yang sepatutnya diterima oleh pekerja – Sama ada terdapat pelanggaran
kontrak perkhidmatan UNDANG-UNDANG BURUH Pekerjaan – Penamatan – Salah laku – Pekerja dipertuduh dengan salah laku
berkaitan salah guna kedudukan atau harta/benda majikan untuk kepentingan
peribadi, melakukan pekerjaan luar, tidak mematuhi prosedur/peraturan
majikan, tidak hadir bertugas tanpa cuti dan kebenaran, mencemarkan imej
majikan, ingkar perintah majikan dan datang lewat – Pekerja didapati
bersalah atas salah laku-salah laku dan ditamatkan perkhidmatan – Sama ada
pertuduhan-pertuduhan berjaya dibuktikan – Sama ada hukuman
pembuangan kerja dibuat atas sebab dan alasan yang adil – Akta Perhubungan
Perusahaan 1967, ss. 20(3) & 30(5) |
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